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Search results (1477)

  • 2016 | HC/E/UY 1511 | URUGUAY | Appellate Court
    S. G. , P. C. c/U., M. s/Exhorto Restitución
    Languages
    Full text download ES
    Summary available in EN | ES
    Grounds

    Habitual Residence - Art. 3 | Removal and Retention - Arts 3 and 12 | Rights of Custody - Art. 3 | Grave Risk - Art. 13(1)(b) | Procedural Matters

    Order

    Appeal allowed, return ordered subject to undertakings

    Article(s)

    13(1)(b) 20

    Ruling

    Appeal allowed, return ordered subject to undertakings.

  • 2014 | HC/E/DK 1428 | DENMARK | Superior Appellate Court
    12/2014
    Languages
    Full text download DA
    Summary available in EN
    Grounds

    Habitual Residence - Art. 3

    Order

    Appeal allowed, return refused

    Article(s)

    3 12

    Ruling

    The Supreme Court (third instance) determined that the children’s habitual residence had changed from the United States to Denmark during the period in which the father consented to them being in Denmark (December 2010 - February 2013). By the time that the father had opposed the children's continued residence in Denmark they were habitually resident there therefore not unlawfully retained. Therefore, the Supreme Court ruled that the retention was not wrongful and that the children should not be returned to their father in the United States.

  • 2016 | HC/E/JP 1429 | JAPAN | Appellate Court
    2016 (Ra) No. 445 Appeal case against dismissal of case seeking return of a child
    Languages
    No full text available
    Summary available in EN
    Grounds

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

    Order

    Appeal dismissed, return refused

    Article(s)

    3 4 13(1)(a) 20 12(2)

    Synopsis

    1 child (UK national) removed from Singapore to Japan ― Parents married in 2010, living together mostly in Singapore and briefly in Japan ― Father Singaporean national, mother Indian national ― Divorce in 2014 ― Father provided with access right, Mother with right to primarily care for the child and freely relocate with the child to Japan ― Mother went to Japan with the child and returned to Singapore in 2014 ― Failed access, Father sought a modification of the relocation clause and the modality of access ― Mother definitively removed the child to Japan in 2015 ― Assistance of the Central Authority of Japan revoked in 2016 ― The father filed a petition for the child’s return to the Osaka Family Court in 2016 ― Petition dismissed ― Appeal dismissed and return refused by the Osaka High Court in 2016 ― Main issues: Habitual residence of the child ― Rights of custody of the father or the Singaporean court.

  • 2012 | HC/E/UKe 1180 | UNITED KINGDOM - ENGLAND AND WALES | First Instance |
    X v Y and Z Police Force [2012] EWHC 2838 (Fam)
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Removal and Retention - Arts 3 and 12 | Grave Risk - Art. 13(1)(b) | Objections of the Child to a Return - Art. 13(2) | Procedural Matters

    Order

    Return refused

    Article(s)

    13(1)(b) 13(2)

    Ruling

    Removal wrongful, but return refused; the oldest child had valid objections to a return to Australia and it was accepted that the siblings should not be split up; for separate reasons, linked to the father's past employment, all the children would face a grave risk of harm if returned.

  • 2020 | HC/E/UKe 1460 | UNITED KINGDOM - ENGLAND AND WALES | First Instance
    KR v HH [2020] EWHC 834 (Fam)
    Languages
    Full text download EN
    No summary available
    Order

    Return ordered

    Article(s)

    13(1)(b)

    Synopsis

    One child wrongfully removed at age 12 – Joint parental responsibility, mother the primary carer of the child and the father had access rights – Child lived in Spain until February 2020  – Return ordered – Main issue: Article 13(1)(b), COVID-19 – the risk of physical harm presented by the pandemic – the risk of contracting COVID-19 during the return travel from the UK to Spain was not sufficient to amount to the “grave risk” of physical harm required by Art. 13(b).

  • 2014 | HC/E/PA 1341 | PANAMA | First Instance |
    PROD c/ DDMV
    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

    Return ordered

    Article(s)

    3 7 9 12 13(1)(b) 16

    Ruling

    Appeal allowed, return ordered. The removal to Panama was considered wrongful and the grave risk exception of Article 13(1)(b) raised by the mother was not established.

  • 2019 | HC/E/NI 1549 | NICARAGUA | First Instance
    Sentencia No. 25-2019
    Languages
    Full text download
    Summary available in EN | ES
    Grounds

    Procedural Matters

    Order

    Return ordered

    Article(s)

    1 2 3 4 5 7 19 25

    Synopsis

    Wrongful retention of a 1-year-old boy – Costa Rican – unmarried parents – Nicaraguan father – Dominican mother – Joint custody rights – The boy lived in Costa Rica until January 2018 – The return request was filed before a Nicaraguan court in January 2019 – Return ordered – Main issues: procedural matters – The parents agreed that the child would return to Costa Rica in the company of his father once the latter was assured that he would not be criminally sanctioned for child abduction.

  • 2011 | HC/E/IE 1139 | IRELAND | Superior Appellate Court |
    Nottinghamshire County Council v. K.B. and K.B. [2011] IESC 48
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Human Rights - Art. 20

    Order

    Appeal dismissed, return ordered

    Article(s)

    20

    Ruling

    Appeal dismissed and return ordered; Article 20 of the 1980 Hague Child Abduction Convention was not engaged by the facts of the case.

  • 2011 | HC/E/US 1138 | UNITED STATES - FEDERAL JURISDICTION | Appellate Court |
    Norinder v. Fuentes, 657 F.3d 526 (7th Cir. 2011)
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

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

    Order

    Appeal dismissed, return ordered

    Article(s)

    3 13(1)(b)

    Ruling

    Appeal dismissed and return ordered; the child was habitually resident in Sweden at the time of the retention and the standard required under Art. 13(1)(b) of the 1980 Hague Child Abduction Convention to establish a grave risk of harm had not been met.

  • 2011 | HC/E/CH 1092 | SWITZERLAND | Superior Appellate Court |
    5A_257/2011, II. zivilrechtliche Abteilung, arrêt du TF du 25 mai 2011
    Languages
    Full text download DE
    Summary available in EN | FR | ES
    Grounds

    Aims of the Convention - Preamble, Arts 1 and 2 | Habitual Residence - Art. 3 | Acquiescence - Art. 13(1)(a) | Legal Doctrine

    Order

    Appeal dismissed, return ordered

    Article(s)

    3 13(1)(a) 26

    Ruling

    Appeal dismissed, return upheld. The removal was wrongful and none of the exceptions raised was applicable.

  • 2009 | HC/E/AU 1106 | AUSTRALIA | First Instance |
    State Central Authority & Quang [2009] FamCA 1038
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Objections of the Child to a Return - Art. 13(2) | Rights of Access - Art. 21

    Article(s)

    21

    Ruling

    Application allowed and independent children's lawyer appointed.

  • 2009 | HC/E/NL 1019 | UNITED KINGDOM - ENGLAND AND WALES | First Instance |
    A.A.A. v. A.S.H. (Registrar General for England and Wales and the Secretary for Justice) [2009] EWHC 636 (Fam.)
    Languages
    No full text available
    Summary available in EN | FR | ES
    Grounds

    Rights of Custody - Art. 3 | Human Rights - Art. 20 | Procedural Matters

    Order

    Article 15 declaration refused

    Article(s)

    3 5 15

    Ruling

    Article 15 declaration: the removal of the child was not wrongful within the meaning of Article 3 as the father did not have rights of custody on the relevant date.

  • 2006 | HC/E/FR 891 | FRANCE | Superior Appellate Court |
    Cass Civ 1ère, 12 décembre 2006, No de RG 05-22119
    Languages
    Full text download FR
    Summary available in EN | FR | ES
    Grounds

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

    Article(s)

    13(1)(b)

    Ruling

    Legal challenge dismissed and decision refusing to return the child to Germany confirmed. The removal had been wrongful but Article 13(1)(b) had been proved to the standard required under the Convention.

  • 2020 | HC/E/UY 1528 | URUGUAY | First Instance
    G. L. S. L C/ C. V. L. J. RESTITUCIÓN INTERNACIONAL DE MENORES
    Languages
    No full text available
    Summary available in EN | ES
    Grounds

    Consent - Art. 13(1)(a) | Grave Risk - Art. 13(1)(b) | Procedural Matters | Interpretation of the Convention |

    Order

    Return refused

    Article(s)

    3 12 13(1)(b)

    Synopsis

    Lawful retention of two girls - Uruguayan – Separated parents – The girls lived in Brazil until 19 April 2019, when the mother removed them to Uruguay – The mother filed a return application with the Brazilian Central Authority – Return refused – Main issues: removal and retention, consent, Art. 13(1)(b) grave risk exception, procedural matters, interpretation of the Convention – There was no wrongful retention, as the mother actually removed them voluntarily to Uruguay – The mother had consented that the girls live in Uruguay by removing them to that country and delivering the necessary documents for them to resume their life there to the father – There was a grave risk due to the high emotional disturbance they suffered as a consequence of the physical, psychological and sexual violence they had suffered in Brazil – The proceedings are autonomous and specific for international child abduction cases under Uruguayan Law 18,895 – The children’s best interests in this case had been furthered by preventing them from returning to an environment of sexual, psychological and emotional abuse.

  • 2021 | HC/E/UY 1532 | URUGUAY | First Instance
    V. B. A. C c/ V. L., N. s/ exhorto Restitución Internacional de Menores de 16 años
    Languages
    No full text available
    Summary available in EN | ES
    Grounds

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

    Order

    Return ordered

    Article(s)

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

    Synopsis

    Wrongful retention of an adolescent in Uruguay – Custody right exercised solely by the mother – The adolescent lived in Spain with his mother for 4 years – The return application was filed before the Spanish Central Authority – Return ordered – Main issues: Art. 13(1)(b) grave risk exception, objections of the child to a return – The father did not prove any situation in which there was a grave risk actually making return intolerable and exposing the adolescent gravely – The adolescent voiced a preference but there was no true objection in the sense of an unwavering repudiation towards return.

  • 2019 | HC/E/NI 1604 | NICARAGUA | First Instance
    Sentencia No. 169-2019
    Languages
    Full text download ES
    Summary available in EN | ES
    Grounds

    Habitual Residence - Art. 3 | Rights of Custody - Art. 3 | Jurisdiction Issues - Art. 16

    Order

    Return ordered

    Article(s)

    1 2 3 4 12 13(1)(b) 16 26

    Synopsis

    Wrongful removal of a 12-year old child – Custody rights were exercised by the child’s aunt and her husband – The child lived in Costa Rica since he was 2 years old until February 2019 – Return ordered – Main Issues: habitual residence; rights of custody; jurisdiction issues – The habitual residence of the child is where his centre of life is, irrespective of the child’s nationality – Even though the mother had parental authority over the child, the rights of custody were exercised by the child’s aunt and her husband, and thus removal was wrongful – Return proceedings are not aimed at determining the parent’s ability to take care of and raise the child.

  • 2009 | HC/E/IL 1037 | ISRAEL | Superior Appellate Court |
    LM v MM Nevo, RFamA 2338/09
    Languages
    Full text download HE | EN
    Summary available in EN | ES
    Grounds

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

    Order

    Appeal dismissed, return ordered

    Article(s)

    13(1)(b) 13(2)

    Ruling

    Appeal dismissed and return order upheld; the retention was wrongful the child being habitually resident in France at the relevant date, and none of the exceptions had been established to the standard required under the Hague Convention.

  • 2022 | HC/E/UKe 1597 | UNITED KINGDOM - ENGLAND AND WALES | Appellate Court
    R (A Child: Asylum and 1980 Hague Convention Application), Re [2022] EWCA Civ 188
    Languages
    Full text download EN
    Summary available in EN
    Grounds

    Non-Convention Issues

    Order

    Case remitted to lower court

    Article(s)

    13(1)(b) 20

    Synopsis

    One child aged 12 - National of Ukraine - Unmarried parents - Father national of Ukraine - Mother national of Ukraine - Mother married British national and gained spousal visa in 2017 - Child lived in Ukraine until 2018 when mother took child to UK - Mother wrongfully retained child - Father gained return order - Mother and child returned to Ukraine in May 2019 - Mother wrongfully removed child in October 2019 and returned to UK - Father granted second return order in July 2020 - Mother made asylum application for child on 20 October 2020 and applied to stay 1980 Hague Convention proceedings on 26 October 2020 - Child granted asylum on 28 May 2021 - Court overturned return order because of the child's asylum status - Father appealed this - Main issues: art.13(1)(b), art.13(2), and asylum claim - The grant of asylum did not automatically nullify Hague proceedings - Appeal allowed and case remitted for urgent case management hearing.

  • 2007 | HC/E/AU 904 | AUSTRALIA | Appellate Court |
    Richards & Director-General, Department of Child Safety [2007] FamCA 65
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Objections of the Child to a Return - Art. 13(2)

    Order

    Appeal dismissed, return ordered

    Article(s)

    13(2)

    Ruling

    Appeal dismissed and return order confirmed; whilst the children objected to a return the standard required under Article 13(2) had not been reached.

  • 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 | ES
    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.