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Search results (1458)

  • 1992 | HC/E/IL 1481 | ISRAEL | Superior Appellate Court
    Foxman v Foxman
    Languages
    No full text available
    Summary available in EN
    Order

    Appeal dismissed, return ordered

    Ruling

    Appeal dismissed. There were no grounds for reversing the decision of the District Court.

  • 2012 | HC/E/CH 1179 | SWITZERLAND | Superior Appellate Court |
    5A_479/2012, IIe Cour de droit civil, arrêt du TF du 13 juillet 2012
    Languages
    Full text download FR
    Summary available in EN | FR | ES
    Grounds

    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) 26

    Ruling

    Appeal allowed, return ordered. The removal was wrongful and the exception asserted inapplicable.

  • 2012 | HC/E/FR 1175 | FRANCE | Appellate Court |
    CA Paris, 31 mai 2012, No de RG 12/05844
    Languages
    No full text available
    Summary available in EN | FR | ES
    Grounds

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

    Order

    Appeal dismissed, return ordered

    Article(s)

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

    Ruling

    Appeal dismissed, return ordered. The removal was wrongful and none of the conditions asserted was applicable.

  • 2010 | HC/E/ZA 1202 | SOUTH AFRICA | First Instance |
    Central Authority, RSA v. OCI [2010] JOL 25947 (GSJ)
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Habitual Residence - Art. 3 | Rights of Custody - Art. 3 | Settlement of the Child - Art. 12(2) | Procedural Matters

    Order

    Return ordered

    Article(s)

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

    Ruling

    Retention wrongful and return ordered; none of the exceptions under the 1980 Hague Child Abduction Convention had been established.

  • 2012 | HC/E/FR 1187 | FRANCE | Appellate Court |
    CA Paris, 11 décembre 2012, No de RG 11/19959
    Languages
    No full text available
    Summary available in EN | FR | ES
    Grounds

    Interpretation of the Convention

    Article(s)

    12

    Ruling

    Lower-court judgment reversed and applications dismissed as having become pointless.

  • 2012 | HC/E/PK 1192 | UNITED KINGDOM - ENGLAND AND WALES | Appellate Court |
    ZA v NA [2012] EWCA Civ 1396, [2012] 3 F.C.R. 421
    Languages
    No full text available
    Summary available in EN | ES
    Grounds

    Habitual Residence - Art. 3 | Non-Convention Issues

    Ruling

    Appeal allowed in part; the Court of Appeal held by a majority that the youngest sibling was not habitually resident in England and Wales. The Court unanimously upheld the finding that the three older siblings had retained their habitual residence in England and Wales after being retained in Pakistan.

  • 2012 | HC/E/FR 1196 | FRANCE | Appellate Court |
    CA Paris, 27 novembre 2012, No de RG 12/13544
    Languages
    No full text available
    Summary available in EN | FR | ES
    Grounds

    Issues Relating to Return | Procedural Matters

    Article(s)

    3 13(1)(a) 13(1)(b) 13(2) 13(3) 26

    Ruling

    Principal appeal inadmissible. The father was concealing his real address, thereby nullifying his appeal.

  • 2008 | HC/E/CA 969 | CANADA | First Instance |
    F.C. c. P.A., Droit de la famille - 08728, Cour supérieure de Chicoutimi, 28 mars 2008, N°150-04-004667-072
    Languages
    Full text download FR
    Summary available in EN | FR
    Grounds

    Removal and Retention - Arts 3 and 12 | Objections of the Child to a Return - Art. 13(2) | Settlement of the Child - Art. 12(2)

    Order

    Application dismissed

    Article(s)

    13(1)(a) 12(2)

    Ruling

    Application dismissed and return refused; the removal was not wrongful and the child was in any event settled in his new environment.

  • 2008 | HC/E/USf 976 | UNITED STATES - FEDERAL JURISDICTION | Appellate Court |
    Duran v. Beaumont, 534 F.3d 142, (2nd Cir. 2008);
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Habitual Residence - Art. 3 | Rights of Custody - Art. 3 | Rights of Access - Art. 21

    Order

    Appeal dismissed, application dismissed

    Article(s)

    3

    Ruling

    Appeal dismissed and petition dismissed; the retention of the child was not wrongful as it did not breach any actually exercised rights of custody.

  • 2007 | HC/E/FR 979 | FRANCE | Appellate Court |
    CA Paris, 15 février 2007, No de RG 06/17206
    Languages
    Full text download FR
    Summary available in EN | FR | ES
    Grounds

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

    Article(s)

    1 3 12

    Ruling

    Confirmation of the order of 8 March 2006, in that it ordered the child's return; reversal of judgment of 23 March 2006. The removal was wrongful and the return could not be denied on the basis of Article 13 because adequate protection measures had been taken in Italy.

  • 2007 | HC/E/CNh 975 | CHINA (HONG KONG, SAR) | Appellate Court |
    B.L.W. v. B.W.L. [2007] 2 HKLRD 193
    Languages
    No full text available
    Summary available in EN | FR | ES
    Grounds

    Habitual Residence - Art. 3 | Removal and Retention - Arts 3 and 12

    Order

    Appeal allowed, application dismissed

    Article(s)

    3

    Ruling

    Appeal allowed and application dismissed; there was no wrongful retention as the child was habitually resident in Hong Kong on the relevant date.

  • 2010 | HC/E/USs 1026 | UNITED STATES - STATE JURISDICTION | Appellate Court |
    Escobar v. Flores, 183 Cal. App. 4th 737 (2010)
    Languages
    No full text available
    Summary available in EN | FR | ES
    Grounds

    Jurisdiction Issues - Art. 16

    Order

    Appeal dismissed, return refused

    Article(s)

    13(2) 16

    Ruling

    Appeal dismissed and return refused; the child objected to being returned and had attained an age and degree of maturity at which it was appropriate to take account of his views.

  • 2013 | HC/E/IL 1211 | ISRAEL | Superior Appellate Court |
    DZ v YVAMVD, RFamA 2270/13
    Languages
    Full text download HE | EN
    Summary available in EN
    Grounds

    Grave Risk - Art. 13(1)(b)

    Article(s)

    3 12 13(1)(b)

    Ruling

    Appeal dismissed and return of older sibling ordered; his removal had been wrongful and the Article 13(1)(b) exception had not been established.

  • 2009 | HC/E/NZ 1224 | NEW ZEALAND | First Instance |
    APN v. TMH (Child Abduction: Grave Risk and Human Rights) [2010] NZFLR 463
    Languages
    Full text download EN
    Summary available in EN
    Grounds

    Grave Risk - Art. 13(1)(b) | Human Rights - Art. 20 | Issues Relating to Return

    Order

    Return ordered

    Article(s)

    13(1)(b) 20

    Ruling

    Retention wrongful and return ordered; none of the exceptions had been proved to the standard required under the 1980 Hague Child Abduction Convention.

  • 2012 | HC/E/NZ 1229 | NEW ZEALAND | Appellate Court |
    M v. M [2012] NZFLR 429
    Languages
    Full text download EN
    Summary available in EN
    Grounds

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

    Order

    Appeal dismissed, return ordered

    Article(s)

    13(1)(b) 13(2)

    Ruling

    Appeal dismissed and return ordered; the removal was wrongful and whilst the child had valid objections, the Court exercised its discretion to make a return order.

  • 2009 | HC/E/DK 1101 | DENMARK | Superior Appellate Court
    V.L. B-1572-09
    Languages
    Full text download DA
    Summary available in EN | FR
    Grounds

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

    Order

    Appeal dismissed, return ordered

    Article(s)

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

    Ruling

    Appeal dismissed and return ordered; the removal was wrongful and Article 13(1)(b) had not been proved to the standard required under the Convention.

  • 2013 | HC/E/UKn 1250 | UNITED KINGDOM - NORTHERN IRELAND | First Instance |
    VK and AK v CC [2013] NIFam 6
    Languages
    Full text download EN
    Summary available in EN
    Grounds

    Rights of Custody - Art. 3

    Order

    Application dismissed

    Article(s)

    3

    Ruling

    Application dismissed; the removal of the child was not wrongful as it was not in breach of any legally recognised right of custody.

  • 2013 | HC/E/UKe 1252 | UNITED KINGDOM - ENGLAND AND WALES | Appellate Court |
    Re Y (A Child) (Abduction: Undertakings Given for Return of Child) [2013] EWCA Civ 129, [2013] 2 F.L.R. 649
    Languages
    No full text available
    Summary available in EN | FR
    Grounds

    Undertakings

    Order

    Appeal dismissed, return ordered subject to undertakings

    Article(s)

    13(1)(b)

    Ruling

    Appeal dismissed and return ordered, subject to undertakings.

  • 2013 | HC/E/UKe 1253 | UNITED KINGDOM - ENGLAND AND WALES | Appellate Court |
    Re LC (Children) (International Abduction: Child's Objections to Return) [2013] EWCA Civ 1058
    Languages
    Full text download EN
    Summary available in EN | ES
    Grounds

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

    Article(s)

    3 13(2)

    Ruling

    Appeal allowed in part; the retention was wrongful but the trial judge should have exercised his discretion to refuse the return of the eldest child in the light of her objections. As a consequence, the case was remitted to the Family Division of the High Court to determine the outcome for the three younger siblings.

  • 2013 | HC/E/US 1237 | UNITED KINGDOM - ENGLAND AND WALES | Superior Appellate Court |
    In re L (A Child) (Habitual Residence) [2013] UKSC 75, [2013] 3 W.L.R. 1597
    Languages
    Full text download EN
    Summary available in EN
    Grounds

    Habitual Residence - Art. 3 | Non-Convention Issues

    Order

    Appeal allowed, return ordered subject to undertakings

    Article(s)

    3 18

    Ruling

    Appeal allowed and return ordered, subject to undertakings; the 1980 Hague Child Abduction Convention was not applicable, the child being habitually resident in England and Wales on the relevant date, but the Court exercising its power under the inherent jurisdiction found that it was in the child's best interests to return to Texas so a court there could adjudicate on his future.