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Search results (154)

  • 2012 | HC/E/GR 1246 | GREECE | Appellate Court |
    Court of Appeal of Thessaloniki, decision 2207, 3 December 2012
    Languages
    No full text available
    Summary available in EN | ES
    Grounds

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

    Order

    Appeal allowed, return refused

    Article(s)

    1 3 5 11 12 13(1)(b) 14 16 17 29

    Ruling

    Appeal upheld and return refused; the retention was wrongful, but a return to the United Kingdom would expose the child to a grave risk of physical, and most importantly, psychological harm.

  • 2010 | HC/E/CZ 1159 | European Court of Human Rights (ECrtHR) |
    Macready c. République tchèque (Requêtes Nos 4824/06 et 15512/07)
    Languages
    Full text download FR
    Summary available in EN | FR
    Grounds

    European Convention on Human Rights (ECHR)

    Article(s)

    1 3 7 11 12 13(1)(a) 13(1)(b) 13(2) 16 21 13(3)

    Ruling

    Unanimous: infringement of Article 8 of the European Convention on Human Rights (ECHR); award of damages on the basis of Article 41 of the ECHR.

  • 2009 | HC/E/CH 1075 | SWITZERLAND | Superior Appellate Court |
    5A_427/2009, IIe cour civile, arrêt du TF du 27 juillet 2009
    Languages
    Full text download FR
    Summary available in FR
    Grounds

    Habitual Residence - Art. 3 | Jurisdiction Issues - Art. 16 | Procedural Matters

    Article(s)

    1 3 11 16 26

  • 2007 | HC/E/CA 728 | CANADA | First Instance |
    Espiritu v. Bielza, [2007] O.J. No. 1587; 2007 ONCJ 175; 39 R.F.L. (6th) 218; 2007 CarswellOnt 2546
    Languages
    Full text download EN
    Summary available in EN | FR
    Grounds

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

    Order

    Return refused

    Article(s)

    1 3 4 5 13(1)(b) 14

    Ruling

    Application dismissed the removal was not deemed to have been in breach of actually exercised rights of custody.

  • 2009 | HC/E/AT 1045 | AUSTRIA | Superior Appellate Court |
    1Ob176/09b, Oberster Gerichtshof
    Languages
    Full text download DE
    Summary available in EN | FR
    Grounds

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

    Article(s)

    1 3 5 13(1)(b) 26

    Ruling

    Appeal by the mother (the taking parent) dismissed: the removal was wrongful and none of the grounds for exception invoked were applicable. The father's appeal was partially allowed: removal of the condition of taking protective measures.

  • 2006 | HC/E/CH 895 | SWITZERLAND | Superior Appellate Court |
    5P.380/2006 /blb; Bundesgericht, II. Zivilabteilung (Tribunal Fédéral, 2ème Chambre Civile)
    Languages
    No full text available
    Summary available in FR
    Grounds

    Acquiescence - Art. 13(1)(a)

    Order

    Appeal allowed, return refused

    Article(s)

    1 3 13(1)(a)

  • 2002 | HC/E/CA 754 | CANADA | Appellate Court |
    J.E.A. v. C.L.M. (2002), 220 D.L.R. (4th) 577 (N.S.C.A.)
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Aims of the Convention - Preamble, Arts 1 and 2 | Objections of the Child to a Return - Art. 13(2) | Settlement of the Child - Art. 12(2) | Issues Relating to Return

    Order

    Appeal dismissed, return ordered

    Article(s)

    1 12 13(1)(a) 13(1)(b) 13(2) 16 13(3)

    Ruling

    Appeal dismissed and return ordered; the removal was wrongful and none of the exceptions had been proved to the standard required under the Convention.

  • 1996 | HC/E/CA 759 | CANADA | Appellate Court |
    Kinnersley-Turner v. Kinnersley-Turner (1996), 140 D.L.R. (4th) 678 (Ont. C.A.)
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

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

    Order

    Appeal dismissed, return ordered

    Article(s)

    1 3 5 6 12

    Ruling

    Appeal dismissed and return ordered; the child was habitually resident in England at the time of the removal.

  • 2015 | HC/E/UKs 1345 | UNITED KINGDOM - SCOTLAND | Superior Appellate Court
    AR v. RN (Scotland) [2015] UKSC 35
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Habitual Residence - Art. 3

    Order

    Appeal dismissed, application dismissed

    Article(s)

    1 3 12 13(1)(a)

    Synopsis

    2 children allegedly wrongfully retained at ages 3 and less than 1 - Unmarried parents - Father national of France - Mother national of the United Kingdom and Canada - Children lived in France until July 2013 - Return proceedings initiated soon after 20 November 2013 - Application dismissed - Main issue: habitual residence - Parents' joint decision for children to temporarily move to another State does not preclude the children from becoming habitually resident in that State

  • 2016 | HC/E/EC 1517 | ECUADOR | Appellate Court
    A. C. C. s/ Restitución Internacional
    Languages
    Full text download ES
    Summary available in EN | ES
    Grounds

    Habitual Residence - Art. 3 | Removal and Retention - Arts 3 and 12 | Settlement of the Child - Art. 12(2) | Grave Risk - Art. 13(1)(b) | Procedural Matters |

    Order

    Appeal dismissed, return ordered

    Article(s)

    1 3 5 12 13(1)(b)

    Synopsis

    Wrongful retention of the child – Separated parents – Custody rights were jointly exercised – The child lived in Spain until 11 August 2014 – The request for return was filed before the Central Authority in Spain in September 2014 – Return ordered – Main issues: habitual residence, removal and retention, settlement of the child, art. 13(1)(b) grave risk exception, procedural matters – The habitual residence of the child prior to the wrongful removal was in Spain – There was wrongful retention in breach of the custody rights, which were exercised jointly pursuant to the agreement signed by the mother and father – The settlement of the child was not considered because the one-year period required by the Convention had not elapsed – The evidence did not contribute to determining whether there had been sexual abuse; on the contrary, a true demonstration of the risk was necessary to justify the application of article 13(1)(b) - The Central Authority of Spain was urged to take measures to protect the child and to do a follow-up on the case to provide the father with the necessary legal support.

  • 2010 | HC/E/FR 1164 | LUXEMBOURG | Superior Appellate Court |
    Cour de cassation, 6 mai 2010, No 32/10
    Languages
    Full text download FR
    Summary available in EN | FR | ES
    Grounds

    Procedural Matters

    Order

    Appeal dismissed, return refused

    Article(s)

    1 2 3 11 18 29

    Ruling

    Appeal dismissed; the father had applied for return only in the event that he should be awarded custody of the children.

  • 2018 | HC/E/CH 1448 | SWITZERLAND | Superior Appellate Court
    Decision of the Federal Supreme Court 5A_846/2018 of 6 November 2018
    Languages
    Full text download FR
    Summary available in FR
    Grounds

    Habitual Residence - Art. 3

    Order

    Case remitted to lower court

    Article(s)

    1 3 4

  • 2020 | HC/E/BR 1501 | BRAZIL | Superior Appellate Court
    [A.R.P.] v [União], Recurso Especial No 1.723.068 - RS
    Languages
    Full text download PT
    Summary available in EN | ES
    Grounds

    Removal and Retention - Arts 3 and 12 | Interpretation of the Convention

    Order

    Appeal dismissed, return ordered

    Article(s)

    1 3 12 13(1)(a) 13(1)(b) 20

    Ruling

    Appeal dismissed, return ordered. 

  • 2021 | HC/E/CH 1523 | SWITZERLAND | Superior Appellate Court
    Decision of the Federal Supreme Court 5A_437/2021 of 8 September 2021
    Languages
    Full text download DE
    Summary available in EN
    Grounds

    Aims of the Convention - Preamble, Arts 1 and 2 | Grave Risk - Art. 13(1)(b) |

    Order

    Appeal dismissed, return refused

    Article(s)

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

    Synopsis

    1 child (allegedly) wrongfully removed at age 4 – National of the USA – Unmarried parents – Father national of the USA and the Dominican Republic – Mother national of Switzerland, the Dominican Republic, Italy – Shared parental responsibility – Child lived in the USA – Application for return filed with the Central Authority of Switzerland on 7th of January 2021 – Return refused – Main issue: Grave Risk (Art. 13(1)(b) – Status quo ante cannot be attained, since mother has a travel ban to the USA. Grave risk to the child if separated from the mother for the next 10 years.

  • 2013 | HC/E/FR 1271 | European Court of Human Rights (ECrtHR) |
    Raw et autres c. France (Requête No 10131/11)
    Languages
    Full text download FR
    Summary available in EN | FR | ES
    Grounds

    European Convention on Human Rights (ECHR) | Procedural Matters

    Article(s)

    1 2 3 4 7 10 11 12 13(1)(a) 13(1)(b) 13(2) 20 13(3)

    Ruling

    By five to two, the ECrtHR held that France had breached Article 8 of the European Convention on Human Rights (ECHR) owing to its authorities' forbearance of the father's refusal to cooperate in execution of the return judgment. The Court also granted just satisfaction to the mother, her younger son and her daughter under Article 41 of the ECHR.

  • 2015 | HC/E/SK 1308 | European Court of Human Rights (ECrtHR) |
    Hoholm v. Slovakia (Application No 35632/13)
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    European Convention on Human Rights (ECHR) |

    Article(s)

    1 2 11

    Ruling

    The ECrtHR held unanimously that the Slovak Republic had breached Article 6(1) of the ECHR taken alone and in conjunction with Article 13, due to the excessive length of the proceedings and the lack of an effective remedy.

  • 1988 | HC/E/UKe 34 | UNITED KINGDOM - ENGLAND AND WALES | Appellate Court |
    C. v. C. (Minor: Abduction: Rights of Custody Abroad) [1989] 1 WLR 654
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Rights of Custody - Art. 3

    Order

    Appeal allowed, return ordered subject to undertakings

    Article(s)

    1 3 5 13(1)(b)

    Ruling

    Appeal allowed and return ordered, subject to undertakings; the standard required under Article 13(1)(b) had not been met and the Court of Appeal ordered the return of the child subject to undertakings by the applicant father.

  • 1993 | HC/E/UKe 117 | UNITED KINGDOM - ENGLAND AND WALES | First Instance |
    Re S. (Minors) (Abduction: Wrongful Retention) [1994] Fam 70
    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)

    Order

    Return ordered

    Article(s)

    1 3 13(1)(b)

    Ruling

    Return ordered; the retention of the girls against the wishes of the father was wrongful and the standard of harm required under Article 13(1)(b) had not been met.

  • 1995 | HC/E/NZ 30 | NEW ZEALAND | Appellate Court |
    H. v. H. [1995] 12 FRNZ 498
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

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

    Order

    Return ordered

    Article(s)

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

    Ruling

    Appeal dismissed and return ordered; even though the parents had no legal status to work or to remain on any permanent basis in the United States of America, the children were habitually resident in California immediately before the wrongful removal.

  • 1992 | HC/E/IL 214 | ISRAEL | Superior Appellate Court |
    T. v. M., 15 April 1992, transcript (Unofficial Translation), Supreme Court of Israel
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Aims of the Convention - Preamble, Arts 1 and 2 | Grave Risk - Art. 13(1)(b) | Procedural Matters | Interpretation of the Convention

    Order

    Appeal dismissed, return ordered

    Article(s)

    1 2 5 11 12 13(1)(b)

    Ruling

    Appeal dismissed and return ordered; the removal was wrongful and the standard required under Article 13(1)(b) to indicate that the child would face a grave risk of psychological harm had not been met.