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Search results (81)

  • 2022 | HC/E/UA 1533 | UNITED KINGDOM - ENGLAND AND WALES | First Instance
    Q v R [2022] EWHC 2961 (Fam)
    Languages
    Full text download EN
    Summary available in EN
    Grounds

    Habitual Residence - Art. 3 | Grave Risk - Art. 13(1)(b) | Undertakings | Issues Relating to Return |

    Order

    Return ordered with undertakings offered

    Article(s)

    3 7 11 12 13(1)(b)

    Synopsis

    One child allegedly wrongfully retained at age 5 and a half – National of Ukraine and the United Kingdom – Father national of the United Kingdom and South Africa – Mother national of Hungary and Ukraine – Child lived in Ukraine in the mother’s custody with regular contact with the father – Following Russian invasion of Ukraine in late February 2022 child and Mother move to England In April 2022 – Mother plans to return to Ukraine in Summer 2022 – Father obtains Prohibited Steps Order from English Court - Application for return issued on 29 July 2022 – Main issues: habitual residence and Art. 13(1)(b) grave risk exception to return – risk of exposure to war – risk of loss of relationship with father due to alleged closure of court system and mothers hostility to father – A child’s retained roots in Ukraine support his habitual residence remains in the Ukraine – The risk faced by the child upon return to Ukraine failed to meet the threshold of ‘grave harm’ – the region was not subject to active hostility and life continued as normal – the court system was functioning – mother promoted contact – undertakings reduced any risk below grave risk threshold. – Return ordered

  • 2016 | HC/E/CH 1538 | SWITZERLAND | Superior Appellate Court
    Decision 5A_709/2016 of 30 November 2016
    Languages
    Full text download FR
    Summary available in EN
    Grounds

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

    Order

    Appeal dismissed, return refused

    Article(s)

    3 11 13(1)(a) 13(1)(b) 13(2)

    Synopsis

    1 child allegedly wrongfully retained at age 13 – National of Brazil – Divorced parents– Father national of Brazil – Mother national of Brazil – Joint right to determine the residence of the child. Father has custody. – Child lived in Brazil until 31 October 2014 – Application for return filed with the Courts of Switzerland on 28 April 2016 – Return refused – Main issue: Objections of the Child to a Return – Child was mature enough for its opinion to be taken into consideration which constituted a reason to refuse the return based on Article 13(2).

  • 2011 | HC/E/UKs 1153 | UNITED KINGDOM - SCOTLAND | First Instance |
    A, Petitioner [2011] CSOH 215
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Consent - Art. 13(1)(a) | Grave Risk - Art. 13(1)(b) | Objections of the Child to a Return - Art. 13(2) | Brussels IIa Regulation (Council Regulation (EC) No 2201/2003 of 27 November 2003)

    Order

    Return refused

    Article(s)

    3 4 11 12 13(1)(a) 13(1)(b) 13(2) 14 16 17 18 19

    Ruling

    Removal wrongful but return refused; Article 13(2) had been proved to the standard required under the 1980 Hague Child Abduction Convention.

  • 1999 | HC/E/IE 391 | IRELAND | Superior Appellate Court |
    P. v. B. (No. 2) (Child Abduction: Delay) [1999] 4 IR 185; [1999] 2 ILRM 401
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Aims of the Convention - Preamble, Arts 1 and 2 | Settlement of the Child - Art. 12(2)

    Order

    Appeal allowed, return refused

    Article(s)

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

    Ruling

    Appeal allowed and return refused; the removal was wrongful however it was determined that the child had become settled in her new environment in accordance with Article 12(2).

  • 2001 | HC/E/CH 416 | SWITZERLAND | Appellate Court |
    Decision of the Cour d'appel du canton de Berne, S-359/1/2001, 02/10/2001
    Languages
    No full text available
    Summary available in EN | FR | ES
    Grounds

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

    Order

    Appeal dismissed, return ordered

    Article(s)

    11 13(1)(b) 13(2) 26

    Ruling

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

  • 1999 | HC/E/CH 455 | SWITZERLAND | Superior Appellate Court |
    Case No 5P.262/1999, 11/11/1999, Tribunal fédéral suisse
    Languages
    No full text available
    Summary available in EN | FR | ES
    Grounds

    Rights of Custody - Art. 3

    Order

    Appeal dismissed, return ordered

    Article(s)

    3 11 12 13(1)(a) 14 20 26 22

    Ruling

    Appeal dismissed and return ordered; the removal was wrongful and none of the exceptions were established to the standard required under the Convention.

  • 1996 | HC/E/AU 93 | AUSTRALIA | Superior Appellate Court |
    De L. v. Director-General, NSW Department of Community Services (1996) FLC 92-706
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Undertakings | Objections of the Child to a Return - Art. 13(2) | Procedural Matters | Interpretation of the Convention

    Article(s)

    11 13(2)

    Ruling

    Appeal allowed; case remitted to the Family Court of Australia for a determination to be made as to the children's objections.

  • 2009 | HC/E/GR 690 | GREECE | First Instance |
    Court of First Instance of Agrinio (Μονομελές Πρωτοδικείο Αγρινίου), decision 340, 31 March 2009
    Languages
    No full text available
    Summary available in EN
    Grounds

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

    Order

    Return refused

    Article(s)

    1 3 4 11 12 13(1)(a) 13(1)(b) 13(2) 14 13(3) 12(2) 12(1)

    Ruling

    Return refused; the retention was wrongful, being in breach of the mother's rights of custody, but the child had valid objections to a return.

  • 2015 | HC/E/HR 1337 | European Court of Human Rights (ECrtHR) |
    Adžić v. Croatia (Application No 22643/14)
    Languages
    Full text download EN
    No summary available
    Grounds

    Aims of the Convention - Preamble, Arts 1 and 2 | Procedural Matters

    Article(s)

    11 13(1)(b) 13(3)

  • 2009 | HC/E/PL 1292 | European Court of Human Rights (ECrtHR) |
    Stochlak c. Pologne (Requête No 38273/02)
    Languages
    Full text download FR
    Summary available in EN | FR | ES
    Grounds

    European Convention on Human Rights (ECHR)

    Article(s)

    11

    Ruling

    Unanimous: breach of Article 8 of the European Convention on Human Rights (ECHR) due to the deprivation of effective exercise of his family life with the child for seven years; award to the father of EUR 7,000 for intangible damage and EUR 6,000 (plus any tax due) of costs and expenses.

  • 2013 | HC/E/GR 1279 | GREECE | First Instance |
    Court of First Instance of Thessaloniki (M???????? ??????????? ????????????), decision 2706, 7 February 2013
    Languages
    No full text available
    Summary available in EN | ES
    Grounds

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

    Order

    Return ordered

    Article(s)

    1 2 3 4 5 7 8 11 12 13(1)(a) 13(1)(b) 13(2) 13(3)

    Ruling

    Return ordered; the retention was wrongful and none of the exceptions had been proved to the standard required under the Convention.

  • 2014 | HC/E/CNh 1302 | CHINA (HONG KONG, SAR) | First Instance |
    LPQ v LYW [2014] HKCU 2976
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Consent - Art. 13(1)(a) | Grave Risk - Art. 13(1)(b)

    Order

    Return ordered

    Article(s)

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

    Ruling

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

  • 2012 | HC/E/LV 1152 | European Court of Human Rights (ECrtHR) |
    Šneersone and Kampanella v. Italy (Application No 14737/09)
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    European Convention on Human Rights (ECHR) | Issues Relating to Return | Procedural Matters

    Article(s)

    3 4 6 7 11 12 13(1)(a) 13(1)(b) 13(2) 20 13(3)

    Ruling

    The European Court of Human Rights held by six votes to one that there had been a violation of Article 8 of the ECHR on account of the Italian courts' order for the child to be returned to Italy; and unanimously that there had been no violation of Article 8 on account of the mother's absence from the hearing of the Rome Youth Court. Damages were awarded to mother and child.

  • 1992 | HC/E/CA 768 | CANADA | First Instance |
    Wilson v. Challis, [1992] O.J. No. 563 (Q.L.)
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

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

    Order

    Return refused

    Article(s)

    8 11 12 13(1)(a) 13(1)(b) 13(2) 13(3)

    Ruling

    Return refused; the retention was wrongful, but the child objected to a return to the UK and the standard required under Article 13(2) had been established.

  • 2020 | HC/E/JM 1497 | JAMAICA | Superior Appellate Court
    DW v MB - [2020] JMSC Civ 230
    Languages
    Full text download EN
    Summary available in EN
    Grounds

    Habitual Residence - Art. 3 | Settlement of the Child - Art. 12(2) | Acquiescence - Art. 13(1)(a) | Grave Risk - Art. 13(1)(b)

    Order

    Return ordered subject to undertakings

    Article(s)

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

    Ruling

    The court ordered the return of the child to the USA.

  • 2017 | HC/E/UK 1433 | UNITED KINGDOM | First Instance
    FE v YE [2017] EWHC 2165 (Fam)
    Languages
    Full text download EN
    Summary available in EN
    Grounds

    Interpretation of the Convention | Human Rights - Art. 20

    Order

    Return ordered subject to undertakings

    Article(s)

    11 20

    Ruling

    Where a grant of asylum has been made by the Home Secretary it is impossible for the court later to order a return of the subject child under the 1980 Hague Convention. Equally, it is impossible for a return order to be made while an asylum claim is pending (including pending an appeal). Such an order would be in direct breach of the principle of non-refoulement.

    The court ordered that the children be returned to Israel, but that this order should not take effect until 15 days after the promulgation by the First-tier Tribunal of its decision on the appeal by the mother and the children against the refusal of the grant of asylum by the Home Secretary. If the First-tier Tribunal allowed the appeal then the return order would be stayed. If the First-tier Tribunal dismissed the appeal, then the return would be implemented, unless the mother wished to appeal on a point of law, in which case the court would appraise the strength or otherwise of the grounds of appeal. 

  • 2017 | HC/E/CA 1438 | CANADA - SASKATCHEWAN | First Instance
    B.S.P. v C.M., 2017 SKQB 179
    Languages
    Full text download EN
    Summary available in EN
    Grounds

    Rights of Custody - Art. 3 | Undertakings

    Order

    Return ordered with undertakings offered

    Article(s)

    3 5 11 15

    Synopsis

    4 children removed at ages 13, 6, 5 & 2 – Unmarried parents – Court found that both parents had custody rights – The children lived in United States (North Dakota) until September 29, 2016 – Application for return filed with courts of Canada (Saskatchewan) in May 2017 – Return of 3 children ordered in June 2017 – Main issues: Article 3 (custody) – In the absence of proved foreign law, the Court applied Saskatchewan law and found that the father had custody rights with respect to his 3 biological children at the time of the removal – Undertakings – Father provided undertaking not to enforce US chasing order before a certain date to avoid children being forcibly removed from their mother by the police. 

  • 2016 | HC/E/PL 1348 | European Court of Human Rights (ECrtHR)
    K.J. v. Poland (Application No 30813/14)
    Languages
    Full text download EN
    No summary available
    Grounds

    European Convention on Human Rights (ECHR)

    Order

    ECrtHR - Violation of Article 8 ECHR, award of damages

    Article(s)

    11 13(1)(b)

    Synopsis

    1 child wrongfully retained at age 2 – Married parents – Father national of Poland – Mother national of Poland – Parental responsibility was exercised jointly by both parents – Child lived in the United Kingdom  – Application for return filed with the Central Authority of the United Kingdom on 21 September 2012 – Return refused before application to ECtHR on 12 April 2014 – Violation of Art. 8 ECHR – EUR 9,000 awarded in damages – The reasoning of the domestic courts regarding the Art. 13(1)(b) of the 1980 Child Abduction Hague Convention exception in light of Article 8 ECHR was misguided; none of the arguments objectively ruled out the possibility of the mother's return with the child

  • 2022 | HC/E/CA 1534 | CANADA | Appellate Court
    L v. R, 2022 ONCA 582
    Languages
    Full text download EN
    Summary available in EN
    Grounds

    Procedural Matters |

    Order

    Appeal dismissed, return refused

    Article(s)

    1 11 13(1)(b) 16

    Synopsis

    1 child wrongfully removed at age 6 – National of Peru – Father national of Peru – Mother national of Peru – Temporary award of joint custody by Peruvian Court – Child lived in Peru until October 2019 – Application for return filed with the courts of Ontario in March 2020 – Return refused in first instance – Appeal dismissed – Main issue: Procedural matters – Conduct of hearing led to undue delay and contravened obligation for prompt resolution under the Convention. 

  • 2011 | HC/E/PT 1166 | European Court of Human Rights (ECrtHR) |
    Karoussiotis c. Portugal (Requête No 23205/08)
    Languages
    Full text download FR
    Summary available in EN | FR | ES
    Grounds

    European Convention on Human Rights (ECHR)

    Article(s)

    11

    Ruling

    The ECrtHR held unanimously that Portugal had breached Article 8 of the ECHR but did not award damages to the mother because she had not made her application for just satisfaction within the time allowed to her.