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Search results (840)

  • 2012 | HC/E/DE 1358 | CANADA - BRITISH COLUMBIA | Appellate Court
    Johnson v. Jessel, 2012 BCCA 393
    Languages
    Full text download EN
    No summary available
    Grounds

    Rights of Custody - Art. 3

    Order

    Appeal dismissed, return ordered

    Article(s)

    3 5 15

    Synopsis

    2 children wrongfully removed at ages 5 and 6 – Unmarried parents – After separation the mother obtained an ex parte interim order granting her sole custody – Children lived in Canada until July 2011 – Application for return filed with the Central Authority of Germany on 15 June 2012  - British Columbia Supreme Court issued a decision / declaration under Art. 15 of the 1980 Hague Child Abduction Convention that the removal was wrongful on 9 July 2012 - Return ordered by the German Court of Schleswig on 23 July 2012 – Main issue: rights of custody – While a final determination of custody has yet to be made but custody has been awarded on an interim basis, the court retains rights of custody within the meaning of the Convention – This principle is not affected by the absence of a non-removal clause in an interim order  

  • 2015 | HC/E/USf 1383 | UNITED STATES - FEDERAL JURISDICTION | First Instance
    Sabogal v. Velarde, 106 F. Supp. 3d 689 (2015)
    Languages
    Full text download EN
    Summary available in EN
    Grounds

    Rights of Custody - Art. 3 | Grave Risk - Art. 13(1)(b) | Undertakings

    Order

    Return ordered subject to undertakings

    Article(s)

    1 3 5 13(1)(a) 13(1)(b) 20

    Synopsis

    2 children wrongfully removed (born in 2005 and 2007) - Separated parents - The Purvian courts had effectively granted temporary custody to the mother on 21 November 2013, and then to the father on 1 October 2014 (following the removal)  - Children lived in Peru until 20 February 2014 - Application for return filed with the District Court on 17 February 2015 - Return ordered subject to undertakings - Main issues: rights of custody, Art.13(1)(b) "grave risk" exception to return, undertakings - A very severe degree of psychological abuse is sufficient to conclude that the Art. 13(1)(b) "grave risk" exception to return under the 1980 Hague Child Abduction Convention applies, even in cases in which there is very little or no evidence of physical abuse

  • 2013 | HC/E/DO 1338 | DOMINICAN REPUBLIC | Superior Appellate Court |
    G. M. c. V. M. de H. s/ reintegro de hijo
    Languages
    Full text download ES
    Summary available in EN | ES
    Grounds

    Habitual Residence - Art. 3 | Rights of Custody - Art. 3 | Grave Risk - Art. 13(1)(b) | Procedural Matters

    Order

    Appeal allowed, return ordered

    Article(s)

    3 5 13(1)(b)

    Ruling

    Appeal allowed, return ordered. The retention was considered wrongful. The appeal was considered unfounded and lacking any legal basis since the mother had not demonstrated the existence of substantive or procedural errors which would have served as a basis to overturn the decision that ordered the return.

  • 2013 | HC/E/AR 1340 | ARGENTINA | Superior Appellate Court |
    F. C. del C. F. c/ T. R. G. s/ Reintegro de hija
    Languages
    Full text download ES
    Summary available in EN | ES
    Grounds

    Habitual Residence - Art. 3 | Grave Risk - Art. 13(1)(b) | Objections of the Child to a Return - Art. 13(2) | Procedural Matters

    Order

    Appeal allowed, return ordered

    Article(s)

    3 10 11 12 13(1)(b) 30

    Ruling

    Appeal allowed; return ordered.

  • 2013 | HC/E/CL 1318 | CHILE | Superior Appellate Court
    N. R. c. J. M. A. V. s/reintegro de hijo
    Languages
    Full text download ES
    Summary available in EN | ES
    Grounds

    Habitual Residence - Art. 3 | Rights of Custody - Art. 3 | Grave Risk - Art. 13(1)(b)

    Order

    Appeal allowed, return ordered

    Article(s)

    1 3 4 13(1)(a) 13(1)(b)

    Ruling

    Appeal allowed, return ordered. The mother's allegation of grave risk was not found to be proved.

  • 2017 | HC/E/FR 1346 | FRANCE | Superior Appellate Court
    Cass Civ 1ère, 4 mai 2017, No de pourvoi 17-11031
    Languages
    Full text download FR
    Summary available in EN | FR | ES
    Grounds

    Rights of Custody - Art. 3 | Grave Risk - Art. 13(1)(b) | Human Rights - Art. 20

    Order

    Appeal dismissed, return ordered

    Article(s)

    3 5 13(1)(b)

    Synopsis

    1 child wrongfully removed at age 6 - Divorced parents - Mother a national of France and Israel - Mother had custody, father extensive access rights - Child lived in Israel until summer 2015 - Return proceedings initiated in March 2016 - Return ordered - Main issues: rights of custody, Art. 13(1)(b) grave risk exception to return, human rights - A parent has "rights of custody" under the 1980 Hague Child Abduction Convention if he has extensive access rights and the right to consent to change of the child's residence - The Art. 13(1)(b) grave risk exception of the Convention does not apply where the child would have access to satisfcatory treatment for an illness in the State of habitual residence

  • 2016 | HC/E/HR 1394 | CROATIA | First Instance
    Municipal Court of Osijek, No. 12 R1 Ob-566 of 3 October 2016
    Languages
    No full text available
    Summary available in EN
    Grounds

    Rights of Custody - Art. 3 | Undertakings | Grave Risk - Art. 13(1)(b) | Objections of the Child to a Return - Art. 13(2) | Procedural Matters

    Order

    Return ordered

    Article(s)

    3 13(1)(b) 13(2)

    Synopsis

    1 child wrongfully removed at age 3 – National of Croatia – Married parents– Father national of Croatia – Mother national of Croatia – Joint parental responsibility under the  German Civil Code – Child lived in Germany until 6 April 2016 – Application for return filed with the Central Authority of Croatia on 10 June 2016 – Application for return filed with the courts of Croatia on 29 August 2016 – Return ordered – Main issues:  Rights of Custody, Art. 13(1)(b) “grave risk” exception to return, Objections of the Child to a Return – The child’s removal from Germany to Croatia was held to be unlawful under the Hague Convention, and none of the exceptions to ordering return were deemed applicable.

  • 2012 | HC/E/RO 1149 | European Court of Human Rights (ECrtHR) |
    Karrer v. Romania (Application No 16965/10)
    Languages
    Full text download EN
    Summary available in EN | FR
    Grounds

    Issues Relating to Return | Procedural Matters | Brussels IIa Regulation (Council Regulation (EC) No 2201/2003 of 27 November 2003)

    Article(s)

    3 4 6 7 11 12 13(1)(b) 20

    Ruling

    The Court unanimously ruled that Romania had breached Article 8 of the ECHR in failing to thoroughly assess the best interests of the child and to give the father the opportunity to present his case. It also awarded the father compensation under Article 41 of the ECHR.

  • 2010 | HC/E/CH 1080 | SWITZERLAND | Superior Appellate Court |
    5A_385/2010 & 5A_293/2010, II. zivilrechtliche Abteilung, arrêt du TF du 22 juin 2010
    Languages
    Full text download DE
    Summary available in FR
    Grounds

    Procedural Matters

    Article(s)

    3 26

  • 2010 | HC/E/CH 1083 | SWITZERLAND | Superior Appellate Court |
    5A_520/2010, II. zivilrechtliche Abteilung, arrêt du TF du 31 août 2010
    Languages
    Full text download DE
    Summary available in EN | FR
    Grounds

    Rights of Custody - Art. 3 | Acquiescence - Art. 13(1)(a) | Grave Risk - Art. 13(1)(b) | Procedural Matters

    Order

    Appeal dismissed, return ordered

    Article(s)

    1 3 13(1)(a) 13(1)(b) 26

    Ruling

    Appeal dismissed insofar as it was admissible. In particular, the mother had failed to prove the existence of acquiescence or a grave risk of danger.

  • 2011 | HC/E/CH 1086 | SWITZERLAND | Superior Appellate Court |
    5A_27/2011, II. zivilrechtliche Abteilung, arrêt du TF du 21 février 2011
    Languages
    Full text download DE
    Summary available in EN | FR
    Grounds

    Rights of Custody - Art. 3 | Acquiescence - Art. 13(1)(a) | Grave Risk - Art. 13(1)(b) | Issues Relating to Return | Procedural Matters

    Order

    Appeal dismissed, return ordered

    Article(s)

    3 5 13(1)(a) 13(1)(b) 26

    Ruling

    Appeal dismissed, return ordered. The removal was wrongful and none of the exceptions invoked was applicable.

  • 2005 | HC/E/USs 797 | UNITED STATES - STATE JURISDICTION | Appellate Court |
    Ferraris v. Alexander, 125 Cal. App. 4th 1417 (Cal. App. 3d. Dist., 2005)
    Languages
    No full text available
    Summary available in EN | FR | ES
    Grounds

    Habitual Residence - Art. 3 | Procedural Matters

    Order

    Appeal dismissed, application dismissed

    Article(s)

    3

    Ruling

    Appeal dismissed and thereby application dismissed; the child was not habitually resident in Italy on the date the removal took place.

  • 1997 | HC/E/CA 664 | CANADA | First Instance |
    Droit de la Famille 2785, No 500-04-010132-976
    Languages
    No full text available
    Summary available in FR
    Grounds

    Acquiescence - Art. 13(1)(a) | Grave Risk - Art. 13(1)(b) | Objections of the Child to a Return - Art. 13(2) | Settlement of the Child - Art. 12(2)

    Order

    Return ordered

    Article(s)

    3 6 7 13(2) 12(2) 26

  • 2007 | HC/E/GR 680 | GREECE | First Instance |
    Court of First Instance of Amaliada (Μονομελές Πρωτοδικείο Αμαλιάδας), decision 248, 13 March 2007
    Languages
    No full text available
    Summary available in EN
    Grounds

    Rights of Custody - Art. 3 | Grave Risk - Art. 13(1)(b) | Objections of the Child to a Return - Art. 13(2) | Settlement of the Child - Art. 12(2)

    Order

    Return refused

    Article(s)

    2 3 7 10 11 12 13(1)(a) 13(1)(b) 13(2) 14 13(3) 12(2) 12(1)

    Ruling

    Return refused; the removal was wrongful, being in breach of the father's rights of custody, but the older siblings had valid objections to a return and the children would face a grave risk of harm if separated.

  • 2001 | HC/E/MC 510 | MONACO | Appellate Court |
    R 6136; M. Le Procureur Général contre M. H K
    Languages
    No full text available
    Summary available in EN | FR | ES
    Grounds

    Removal and Retention - Arts 3 and 12 | Settlement of the Child - Art. 12(2)

    Order

    Appeal dismissed, return refused

    Article(s)

    3 13(1)(b) 12(2)

    Ruling

    Appeal dismissed and return refused: the removal was wrongful, but Article 12(2) had been proved to the standard required under the Convention.

  • 1995 | HC/E/FR 513 | FRANCE | Superior Appellate Court
    Cass Civ 1ère 7 juin 1995, N° de pourvoi 94-15.860
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Removal and Retention - Arts 3 and 12 | Procedural Matters

    Article(s)

    3 7 8 19 29

    Ruling

    Challenge upheld and decision of the Cour d'appel overruled; case remitted to the Cour d'appel of Toulouse.

  • 1997 | HC/E/FR 515 | FRANCE | Superior Appellate Court |
    Cass Civ 1ère 22 avril 1997, N° de pourvoi 95-11999
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Rights of Custody - Art. 3

    Article(s)

    3

    Ruling

    Challenge to legality dismissed; the retention of the child was wrongful.

  • 1992 | HC/E/FR 518 | FRANCE | Superior Appellate Court |
    Cass Civ 1ère 16 décembre 1992, N° de pourvoi 91-13119
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Habitual Residence - Art. 3 | Grave Risk - Art. 13(1)(b)

    Order

    Return ordered

    Article(s)

    3 13(1)(b)

    Ruling

    Challenge to legality dismissed; the child was habitually resident in Canada on the relevant date, therefore the retention was wrongful. None of the exceptions was established.

  • 1997 | HC/E/DK 521 | DENMARK | Superior Appellate Court |
    V.L. 3. marts 1997, 11. afdeling, B-2511-96
    Languages
    No full text available
    Summary available in EN | FR | ES
    Grounds

    Habitual Residence - Art. 3

    Order

    Appeal allowed, application dismissed

    Article(s)

    3

    Ruling

    Appeal allowed and application dismissed; the removal was not wrongful as the children were habitually resident in Denmark on the relevant date.

  • 2005 | HC/E/RO 802 | European Court of Human Rights (ECrtHR) |
    Monory v. Hungary & Romania, Application No. 71099/01, (2005) 41 EHRR 77
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Rights of Custody - Art. 3 | Issues Relating to Return | Procedural Matters

    Article(s)

    3

    Ruling

    Breach of Articles 6 and 8 of the ECHR, award of damages. In merely representing the father before the local courts the Romanian authorities had failed to observe their full obligations under Article 7 of the Hague Convention. The erroneous interpretation of Article 3 of the Hague Convention and thereby the guarantees of that instrument led to a violation of Article 8 of the ECHR.