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Search results (107)

  • 1994 | HC/E/UKe 21 | UNITED KINGDOM - ENGLAND AND WALES | First Instance |
    Re M. (Abduction: Acquiescence) [1996] 1 FLR 315
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

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

    Order

    Return refused

    Article(s)

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

    Ruling

    Return refused; the removal of the child to England was not wrongful under Greek law.

  • 1990 | HC/E/AT 378 | AUSTRIA | Superior Appellate Court |
    7Ob573/90 Oberster Gerichtshof
    Languages
    Full text download DE
    Summary available in EN | FR | ES
    Grounds

    Settlement of the Child - Art. 12(2)

    Article(s)

    3 13(1)(b) 19 12(2)

    Ruling

    Challenge to legality dismissed; the removal was wrongful but the child had become settled in her new environment. The return was therefore refused.

  • 2004 | HC/E/UKe 596 | UNITED KINGDOM - ENGLAND AND WALES | First Instance |
    Re C. (Abduction: Settlement) [2004] EWHC 1245
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Settlement of the Child - Art. 12(2)

    Order

    Return refused

    Article(s)

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

    Ruling

    Removal wrongful but return refused; the child was found to be settled in her new environment in accordance with the terms of Article 12(2).

  • 2004 | HC/E/CNh 825 | CHINA (HONG KONG, SAR) | First Instance |
    A.C. v. P.C. [2004] HKMP 1238
    Languages
    No full text available
    Summary available in EN | FR
    Grounds

    Settlement of the Child - Art. 12(2)

    Order

    Return refused

    Article(s)

    12(2)

    Ruling

    Return refused; the removal was wrongful but the children were now settled in their new environment.

  • 2000 | HC/E/FR 702 | FRANCE | First Instance |
    TGI Nice, 29 juin 2000, No 421/00
    Languages
    No full text available
    Summary available in FR
    Grounds

    Grave Risk - Art. 13(1)(b) | Settlement of the Child - Art. 12(2) | Human Rights - Art. 20 | Procedural Matters

    Order

    Return ordered

    Article(s)

    3 4 5 13(1)(b) 20 12(2)

  • 1999 | HC/E/AU 276 | AUSTRALIA | Appellate Court |
    Director-General Department of Families, Youth and Community Care v. Moore, (1999) FLC 92-841; [1999] FamCA 284
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Settlement of the Child - Art. 12(2) | Procedural Matters

    Order

    Appeal dismissed, return refused

    Article(s)

    12(2)

    Ruling

    Appeal dismissed, removal wrongful but return refused; the court found that the child was emotionally and physically integrated as to be settled in Australia within the meaning of Article 12(2).

  • 2008 | HC/E/FR 958 | FRANCE | Appellate Court
    CA Dijon, 15 juillet 2008, No de RG 08/00923
    Languages
    Full text download FR
    Summary available in FR
    Grounds

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

    Order

    Appeal dismissed, return ordered

    Article(s)

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

  • 2008 | HC/E/UKs 996 | UNITED KINGDOM - SCOTLAND | Appellate Court |
    N.J.C. v. N.P.C. [2008] CSIH 34, 2008 S.C. 571
    Languages
    No full text available
    Summary available in EN
    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) | Human Rights - Art. 20 | Issues Relating to Return

    Order

    Appeal dismissed, return ordered

    Article(s)

    13(1)(b) 13(2) 20 12(2)

    Ruling

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

  • 2006 | HC/E/FR 1008 | FRANCE | Appellate Court
    CA Paris, 19 octobre 2006, No de RG 06/12398
    Languages
    No full text available
    Summary available in EN | FR
    Grounds

    Settlement of the Child - Art. 12(2) | Procedural Matters

    Order

    Appeal dismissed, return refused

    Article(s)

    1 3 7 8 12(2)

    Ruling

    Appeal dismissed and return refused; more than one year had passed between the retention and the filing of the legal action and it was not contested that the children were settled in their new environment. 

  • 2009 | HC/E/CH 1057 | SWITZERLAND | Superior Appellate Court |
    5A_105/2009, II. zivilrechtliche Abteilung, arrêt du TF du 16 avril 2009
    Languages
    Full text download DE
    Summary available in EN | FR
    Grounds

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

    Order

    Appeal allowed, return ordered

    Article(s)

    2 3 13(1)(b) 20 12(2) 26

    Ruling

    Appeal allowed, return ordered. The exception of grave risk of danger could not apply unless the US authorities denied the mother a visa enabling her to enter and remain in the United States of America until a custody ruling.

  • 2010 | HC/E/CH 1060 | SWITZERLAND | Superior Appellate Court |
    5A_436/2010, II. zivilrechtliche Abteilung, arrêt du TF du 8 juillet 2010
    Languages
    Full text download DE
    Summary available in EN | FR
    Grounds

    Consent - Art. 13(1)(a) | Grave Risk - Art. 13(1)(b) | Jurisdiction Issues - Art. 16 | Procedural Matters

    Order

    Appeal dismissed, return ordered

    Article(s)

    3 5 13(1)(b) 16 19 12(2) 26

    Ruling

    Appeal dismissed; decision ordering the children's return upheld, having considered with reasonable cause that none of the exceptions was applicable.

  • 2008 | HC/E/MX 1039 | MEXICO | Appellate Court |
    Procedure for Return of Child, Case No. 1313/2007, instituted by A.C. B.I. against P.R.I.P
    Languages
    No full text available
    Summary available in EN | ES
    Grounds

    Aims of the Convention - Preamble, Arts 1 and 2 | Grave Risk - Art. 13(1)(b) | Objections of the Child to a Return - Art. 13(2) | Settlement of the Child - Art. 12(2) | Human Rights - Art. 20 | Procedural Matters

    Order

    Return ordered

    Article(s)

    1 3 7 13(1)(b) 13(2) 20 12(2) 26

    Ruling

    Appeal allowed and return ordered; the retention had been wrongful and none of the exceptions had been established to the standard required under the Convention.

  • 2006 | HC/E/FR 892 | FRANCE | Superior Appellate Court |
    Cass Civ 1ère 12 décembre 2006 (N° de pourvoi : 06-13177)
    Languages
    Full text download FR
    Summary available in FR
    Grounds

    Settlement of the Child - Art. 12(2)

    Order

    Appeal dismissed, application dismissed

    Article(s)

    12(2)

  • 2018 | HC/E/JP 1524 | JAPAN | First Instance
    2018 (Ie Nu) No. 14, 15 and 16 Case seeking return of children
    Languages
    No full text available
    Summary available in EN
    Grounds

    Settlement of the Child - Art. 12(2) |

    Order

    Return refused

    Article(s)

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

    Synopsis

    3 children habitually resident in Spain ― Father Spanish national, mother Japanese national ― Parents married in 2009 in Japan ― Upon marriage, father adopted mother’s child born out of wedlock in 2006 ― Two children were born within wedlock in 2011 and 2015 ― Parents first lived together in Japan and later relocated to Spain in May 2011 ― Mother brought three children to Japan in May 2017 and notified Father of her intent to divorce and stay in Japan ― Father filed petition for the return of the children to the Tokyo Family Court in October 2018 ― Petition dismissed ― Main issue: Settlement of the children.

  • 2023 | HC/E/US 1565 | UNITED STATES OF AMERICA | Appellate Court
    Hernandez v. Erazo 2023 U.S. Dist. LEXIS 58876
    Languages
    Full text download EN
    Summary available in EN
    Grounds

    Settlement of the Child - Art. 12(2)

    Order

    Appeal dismissed, return ordered

    Article(s)

    12(2)

    Ruling

    Appeal dismissed, return ordered.

  • 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).

  • 1991 | HC/E/USf 210 | UNITED STATES - FEDERAL JURISDICTION | First Instance
    Collopy v. Christodoulou, No. 90 DR 1138 (D. Colo. May 8, 1991)
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Settlement of the Child - Art. 12(2)

    Order

    Return refused

    Article(s)

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

    Ruling

    Return refused; the child was now settled in her new environment, per Article 12(2).

  • 1990 | HC/E/UKe 163 | UNITED KINGDOM - ENGLAND AND WALES | Appellate Court |
    Re S. (A Minor) (Abduction) [1991] 2 FLR 1
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Habitual Residence - Art. 3 | Undertakings | Settlement of the Child - Art. 12(2)

    Order

    Appeal allowed, return ordered with undertakings offered

    Article(s)

    3 4 5 13(1)(a) 13(1)(b) 13(2) 14 15 16 18 12(2)

    Ruling

    Appeal dismissed and return ordered with undertakings offered; the removal was wrongful as the child was habitually resident in the United States at the relevant date.

  • 1996 | HC/E/USf 134 | UNITED STATES - FEDERAL JURISDICTION | First Instance |
    In re Interest of Zarate, No. 96 C 50394 (N.D. Ill. Dec. 23, 1996)
    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) | Objections of the Child to a Return - Art. 13(2) | Settlement of the Child - Art. 12(2)

    Order

    Return ordered

    Article(s)

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

    Ruling

    Return ordered; the standard required under Articles 13(1)(b), 13(2) and 12(2) had not been met.

  • 1997 | HC/E/AU 232 | AUSTRALIA | First Instance |
    State Central Authority v. Ayob (1997) FLC 92-746, 21 Fam. LR 567
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Rights of Custody - Art. 3 | Acquiescence - Art. 13(1)(a) | Settlement of the Child - Art. 12(2)

    Order

    Return ordered

    Article(s)

    3 13(1)(a) 18 12(2) 12(1)

    Ruling

    Return ordered; the removal of the child was wrongful, and neither Article 12(2) nor Article 13(1)(a) had been proved to the standard required under the Convention.