Refine your search

Keyword:

Grounds:

Show more

Year:

Country:

Show more

Article(s):

Show more

Order:

Show more

Requesting State:

Show more

Requested State:

Show more

Court Level:

Show more

Instrument:

Search results (1477)

  • 2014 | HC/E/UKn 1259 | UNITED KINGDOM - NORTHERN IRELAND | Superior Appellate Court |
    Languages
    Full text download EN
    Summary available in EN | ES
    Grounds

    Rights of Custody - Art. 3 | Procedural Matters | Non-Convention Issues

    Order

    Appeal allowed, return ordered

    Article(s)

    3

    Ruling

    Appeal allowed and return ordered; but if the mother were to be given permission by the Northern Ireland High Court to raise one of the Article 13 exceptions, then the return order could be stayed until the latter application was heard.

  • 2011 | HC/E/BE 1207 | BELGIUM | Superior Appellate Court |
    Languages
    Full text download FR
    Summary available in FR
    Grounds

    Grave Risk - Art. 13(1)(b) | Settlement of the Child - Art. 12(2) | Procedural Matters

    Article(s)

    13(1)(b) 26

  • 2013 | HC/E/FR 1208 | FRANCE | Appellate Court |
    Languages
    No full text available
    Summary available in EN | FR
    Grounds

    Aims of the Convention - Preamble, Arts 1 and 2 | Habitual Residence - Art. 3 | Rights of Custody - Art. 3 | Procedural Matters

    Order

    Appeal dismissed, return refused

    Article(s)

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

    Ruling

    Appeal dismissed; return denied. The mother had obtained provisional custody of the child pursuant to a Spanish decision.

  • 2013 | HC/E/FR 1209 | FRANCE | Appellate Court |
    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) | Procedural Matters

    Order

    Appeal allowed, return ordered

    Article(s)

    3 12 13(1)(a) 13(1)(b) 13(2) 13(3) 26

    Ruling

    Appeal allowed and return ordered. The retention was wrongful and none of the exceptions raised was applicable.

  • 2012 | HC/E/FR 1215 | FRANCE | Appellate Court |
    Languages
    No full text available
    Summary available in FR
    Grounds

    Removal and Retention - Arts 3 and 12 | Grave Risk - Art. 13(1)(b) | Procedural Matters

    Order

    Appeal allowed, return refused

    Article(s)

    3 5 12 13(1)(b)

  • 2012 | HC/E/FR 1217 | FRANCE | Superior Appellate Court |
    Languages
    Full text download FR
    Summary available in FR
    Grounds

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

    Article(s)

    13(1)(b)

  • 2013 | HC/E/FR 1218 | FRANCE | Appellate Court |
    Languages
    No full text available
    Summary available in FR
    Grounds

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

    Order

    Appeal dismissed, return refused

    Article(s)

    3

  • 2013 | HC/E/FR 1221 | FRANCE | Appellate Court |
    Languages
    No full text available
    Summary available in EN | FR
    Grounds

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

    Order

    Appeal dismissed, return ordered

    Article(s)

    3 13(1)(b)

    Ruling

    Appeal dismissed; return ordered. The removal was wrongful and none of the exceptions raised was applicable.

  • 2010 | HC/E/NZ 1225 | NEW ZEALAND | First Instance |
    Languages
    No full text available
    Summary available in EN
    Grounds

    Consent - Art. 13(1)(a) | Acquiescence - Art. 13(1)(a) | Grave Risk - Art. 13(1)(b) | Issues Relating to Return

    Article(s)

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

    Ruling

    Removal wrongful and return would be ordered once suitable practical arrangements had been put in place; none of the exceptions had been proved to the standard required under the Convention.

  • 2011 | HC/E/NZ 1228 | NEW ZEALAND | Appellate Court |
    Languages
    Full text download EN
    Summary available in EN
    Grounds

    Removal and Retention - Arts 3 and 12 | Acquiescence - Art. 13(1)(a) | Objections of the Child to a Return - Art. 13(2)

    Order

    Appeal dismissed, return ordered

    Article(s)

    3 13(1)(a) 13(2)

    Ruling

    Appeal dismissed and return ordered; retention wrongful and none of the exceptions proved to the standard required under the 1980 Hague Child Abduction Convention.

  • 2011 | HC/E/CR 1304 | COSTA RICA | Superior Appellate Court |
    Languages
    No full text available
    Summary available in EN | ES
    Grounds

    Grave Risk - Art. 13(1)(b) | Human Rights - Art. 20 | Procedural Matters

    Order

    Appeal allowed, return refused

    Article(s)

    13(1)(b) 13(2) 15 20

    Ruling

    Appeal was allowed and the decisions of the first instance and the Appellate Court were annulled. Although the removal was considered wrongful, the Court held that the return should be refused under the terms of Articles 13 (1)(b) and 20 of the Hague Child Abduction Convention.

  • 2013 | HC/E/LU 1306 | LUXEMBOURG | First Instance |
    Languages
    Full text download FR
    Summary available in FR
    Grounds

    Acquiescence - Art. 13(1)(a) | Grave Risk - Art. 13(1)(b) | Brussels IIa Regulation (Council Regulation (EC) No 2201/2003 of 27 November 2003)

    Order

    Return ordered

    Article(s)

    3 11 12 13(1)(a) 13(1)(b)

  • 2013 | HC/E/LU 1310 | LUXEMBOURG | Appellate Court |
    Languages
    Full text download FR
    Summary available in FR
    Grounds

    Rights of Custody - Art. 3 | Consent - Art. 13(1)(a) | Acquiescence - Art. 13(1)(a) | Grave Risk - Art. 13(1)(b) | Procedural Matters | Brussels IIa Regulation (Council Regulation (EC) No 2201/2003 of 27 November 2003)

    Order

    Appeal dismissed, return ordered

    Article(s)

    3 12 13(1)(b) 17

  • 2012 | HC/E/FR 1193 | FRANCE |
    Languages
    No full text available
    Summary available in FR
    Grounds

    Procedural Matters

    Order

    Appeal dismissed, return ordered

    Article(s)

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

  • 2014 | HC/E/US 1273 | UNITED STATES - FEDERAL JURISDICTION | Appellate Court |
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

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

    Article(s)

    3 13(1)(b)

    Ruling

    Cross-appeal allowed in part and return refused; the standard had been met to show that the children would face a grave risk of harm if returned and the return petition could not be re-activated.

  • 2015 | HC/E/IT 1370 | ITALY | Superior Appellate Court
    Languages
    Full text download IT
    No summary available
    Grounds

    Rights of Custody - Art. 3

    Order

    Case remitted to lower court

    Article(s)

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

    Synopsis

    1 child allegedly wrongfully removed - Married parents - Father national of Italy - Mother national of Italy - Joint custody - Child lived in Belgium until February 2014 - Return refused - Main issues: Rights of custody - A removal cannot be considered wrongful if it did not breach custody rights that were actually exercised at the time of the removal 

  • 2013 | HC/E/FR 1372 | FRANCE | Superior Appellate Court
    Languages
    Full text download FR
    No summary available
    Grounds

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

    Order

    Appeal dismissed, return ordered

    Article(s)

    13(1)(b) 26

    Synopsis

    1 child wrongfully removed at age 7 – National of France – Married parents – Father national of France – Mother national of France – Child lived in Morocco until February 2011 – Application for return filed with the Central Authority of Morocco in March 2011 – Application dismissed – Main issues: Art. 13(1)(b) grave risk exception, costs – It is up to the parent who alleges an exception to return under Art. 13 of the 1980 Hague Child Abduction Convention to prove that the conditions for non-return have been met – In accordance with Art. 26 of the Convention, the parent who wrongfully removed the child can be ordered to pay for the costs of the return proceedings

  • 2016 | HC/E/FR 1374 | FRANCE | Superior Appellate Court
    Languages
    Full text download FR
    No summary available
    Grounds

    Rights of Custody - Art. 3

    Order

    Appeal allowed, return refused

    Article(s)

    1 3 5

    Synopsis

    1 child allegedly wrongfully removed at age 11 – Divorced parents – Father national of France and Morocco – Mother national of France – Full custody rights automatically awarded to the mother after the divorce under Moroccan law – Child lived in Morocco until October 2014 – Application for return filed with the Juge aux affaires familiales of France in December 2014 – Return refused – Main issue: Rights of custody – Rights of custody, including in particular the right to determine the child’s place of residence, has to be determined in accordance with the law of the State where the child had his habitual residence immediately before the removal

  • 2015 | HC/E/JP 1427 | JAPAN | Appellate Court
    Languages
    Full text download EN
    Summary available in EN
    Grounds

    Habitual Residence - Art. 3 | Removal and Retention - Arts 3 and 12 | Consent - Art. 13(1)(a) | Non-Convention Issues | Grave Risk - Art. 13(1)(b)

    Order

    Appeal dismissed, return ordered

    Article(s)

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

    Synopsis

    1 child removed at age 3 years  ― National of Canada and Japan ― Married parents ― Father and Mother married in Canada in 2009 and living there ― Joint custody at the time of wrongful retention ― Child lived in Canada until July 2013 ― Mother removed the child to Japan with Father’s consent ― A wrongful retention of the child after the entry into force of the Convention between Canada and Japan on 1 April 2014  ― Application for return filed with the courts of Japan in March 2015 ― Appeal dismissed and return ordered ― Main issues: Article 3 Habitual residence of the child ― The initial time of the wrongful retention ― Article 13(1)(a) Prior consent or subsequent approval by the father ― Abuse of rights by the father.

  • 2020 | HC/E/DE 1472 | GERMANY | First Instance
    Languages
    Full text download DE | EN
    Summary available in EN
    Grounds

    Removal and Retention - Arts 3 and 12 | Grave Risk - Art. 13(1)(b)

    Order

    Return ordered

    Article(s)

    3 12 13(1)(b)

    Ruling

    The court ordered the return of the child to Armenia within four weeks.