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Search results (65)

  • 2002 | HC/E/US 471 | NEW ZEALAND | First Instance |
    Anderson v. Paterson [2002] NZFLR 641
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Rights of Custody - Art. 3 | Procedural Matters

    Order

    Article 15 declaration granted

    Article(s)

    3 15

    Ruling

    Article 15 declaration made that the removal of the child was wrongful within the meaning of Article 3 of the Convention. The father was deemed to hold and to be actually exercising rights of custody.

  • 1999 | HC/E/IT 480 | European Court of Human Rights (ECrtHR) |
    B. v. UK [2000] 1 FLR 1
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Rights of Custody - Art. 3

    Article(s)

    3 15

    Ruling

    Application inadmissible; There was an objective and reasonable justification for the difference in treatment between married and unmarried fathers with regard to the automatic acquisition of parental rights.

  • 2007 | HC/E/CZ 730 | CANADA | First Instance |
    Benditkis v. Benditkis [2007] O.J. No. 4815; 162 A.C.W.S. (3d) 45; 46 R.F.L. (6th) 438
    Languages
    Full text download EN
    Summary available in EN | FR
    Grounds

    Rights of Custody - Art. 3 | Procedural Matters

    Order

    Article 15 declaration granted

    Article(s)

    3 5 15 16 19

    Ruling

    Article 15 declaration granted; the child was habitually resident in Ontario and his retention was in breach of the mother's rights of custody.

  • 1995 | HC/E/CA 763 | CANADA | First Instance |
    Morris v. Poole, [1995] 6 W.W.R. 166 (N.W.T.S.C.)
    Languages
    No full text available
    Summary available in EN | FR | ES
    Grounds

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

    Order

    Return ordered

    Article(s)

    1 2 5 11 13(1)(a) 13(1)(b) 13(2) 14 15 16 13(3) 29 30

    Ruling

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

  • 1999 | HC/E/USs 311 | AUSTRALIA | First Instance |
    Secretary Attorney-General's Department v. S.[1999] FamCA 1528
    Languages
    No full text available
    Summary available in EN | FR | ES
    Grounds

    Habitual Residence - Art. 3

    Order

    Article 15 declaration granted

    Article(s)

    3 15

    Ruling

    Article 15 declaration made; the retention was wrongful as the children were habitually resident in Australia at the relevant date.

  • 1998 | HC/E/US 945 | GERMANY | Appellate Court |
    2 UF 156/98, Oberlandesgericht Zweibrücken
    Languages
    No full text available
    Summary available in FR
    Grounds

    Article 15 Decision or Determination | Rights of Custody - Art. 3 | Procedural Matters

    Order

    Appeal dismissed, refusal of Article 15 declaration confirmed

    Article(s)

    15

  • 2001 | HC/E/CH 418 | SWITZERLAND | Appellate Court |
    Decision of the Obergericht des Kantons Luzern, 220168, 31/08/2001
    Languages
    No full text available
    Summary available in EN | FR | ES
    Grounds

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

    Order

    Appeal dismissed, return ordered

    Article(s)

    1 3 12 13(1)(a) 13(1)(b) 15 19 20

    Ruling

    Appeal dismissed and return ordered; there had been a wrongful removal and neither Article 13(1)(b) nor Article 20 had been proved to the standard required under the Convention.

  • 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/US 188 | UNITED KINGDOM - SCOTLAND | First Instance |
    Pirrie v. Sawacki 1997 SLT 1160
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Rights of Custody - Art. 3

    Order

    Article 15 declaration refused

    Article(s)

    3 5 15

    Ruling

    Article 15 declaration refused; no rights of custody had been breached when the children were removed.

  • 1998 | HC/E/AU 6 | UNITED KINGDOM - ENGLAND AND WALES | First Instance |
    Re W. (Child Abduction: Unmarried Father) [1999] Fam 1
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Aims of the Convention - Preamble, Arts 1 and 2 | Rights of Custody - Art. 3 | Interpretation of the Convention

    Order

    Article 15 declaration granted

    Article(s)

    3 5 15

    Ruling

    Article 15 declaration granted; the removal of the children breached rights of custody vested in the English court seized of the pending custody proceedings.

  • 1998 | HC/E/AU 503 | UNITED KINGDOM - ENGLAND AND WALES | First Instance |
    Re W. (Minors) (Abduction: Father's Rights) [1999] Fam 1
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Rights of Custody - Art. 3

    Order

    Article 15 declaration granted

    Article(s)

    3 5 15

    Ruling

    Article 15 declaration granted; the removal was wrongful.

  • 2009 | HC/E/CA 1113 | CANADA | Appellate Court
    Achakzad v. Zemaryalai, 2009 CarswellOnt 5615
    Languages
    No full text available
    Summary available in EN
    Grounds

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

    Article(s)

    3 12 13(1)(a) 13(1)(b) 13(2) 15

    Ruling

    Appeal allowed and case remitted to a different judge of the Ontario Court of Justice to re-determine the Article 13(1)(b) issues.

  • 2001 | HC/E/CA 934 | GERMANY | Appellate Court |
    Oberlandesgericht Celle, 15 UF 85/01, 24 April 2001
    Languages
    No full text available
    Summary available in FR
    Grounds

    Article 15 Decision or Determination

    Order

    Appeal dismissed, return refused

    Article(s)

    15

  • 2005 | HC/E/UKe 809 | UNITED KINGDOM - ENGLAND AND WALES | Appellate Court |
    Hunter v. Murrow [2005] EWCA Civ 976
    Languages
    No full text available
    Summary available in EN | FR
    Grounds

    Rights of Custody - Art. 3 | Article 15 Decision or Determination | Rights of Access - Art. 21

    Order

    Appeal dismissed, application dismissed

    Article(s)

    3 15 21

    Ruling

    Appeal dismissed and application dismissed; the removal was not wrongful for it had not led to the breach of any rights of custody.

  • 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. 

  • 2015 | HC/E/CNh 1356 | CHINA (HONG KONG, SAR) | Appellate Court
    M v. E [2015] HKCA 252
    Languages
    Full text download EN
    No summary available
    Grounds

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

    Order

    Appeal dismissed, return ordered

    Article(s)

    3 5 12 13(1)(a) 13(1)(b) 15

    Synopsis

    2 children wrongfully removed (aged 5 and 8 at the time of the decision) – Nationals of Brazil and Argentina – Divorced parents – Father national of Argentina, Venezuela, and Brazil – Mother national of Argentina – By a homologated conciliation agreement of 5 June 2014, the father had custody for a period of four months and thereafter the parents were to have joint custody – Children lived in Brazil until July 2014 – Application for return filed with the Central Authority of Brazil in October 2014 – A decision or determination under Art. 15 of the 1980 Hague Child Abduction Convention was obtained - Application dismissed – Main issues: custody rights and acquiescence – “Rights of custody” has an autonomous meaning under the Convention, which crucially includes the right to determine the child’s place of residence – This right may be attributed to a parent by the law of the State in which the child was habitually resident immediately before the removal, as well as by the context, structure and content of an agreement on custody homologated in that State – “Acquiescence is a question of the actual subjective intention of the wronged parent, and not of the outside world’s perception of her intentions”

  • 2009 | HC/E/UKe 1020 | UNITED KINGDOM - ENGLAND AND WALES | Appellate Court |
    Re F. (A Child) [2009] EWCA Civ 416
    Languages
    No full text available
    Summary available in EN | FR | ES
    Grounds

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

    Order

    Appeal dismissed, return refused

    Article(s)

    3 13(2) 15

    Ruling

    Appeal dismissed and return refused; the removal was wrongful but the child objected to going back, was of sufficient age and maturity, and the trial judge had correctly exercised his discretion in upholding the child's objections.

  • 2021 | HC/E/AR 1548 | ARGENTINA | Superior Appellate Court
    A. G., L. I. c/ R. M., G. H. s/ restitución internacional de menores
    Languages
    Full text download
    Summary available in EN | 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) | Issues Relating to Return

    Order

    Appeal allowed, return ordered

    Article(s)

    3 12 13(1)(b) 13(2) 15

    Synopsis

    Wrongful removal of two girls when they were 10 and 6 years old – Married parents – The girls lived in Spain until July 2016 – Appeal allowed, return ordered – Main issues: Removal and retention, Art. 13(1)(b) grave risk exception, objections of the child to a return, matters relating to return – There was no concluding evidence that the mother had consented to a change in the girls’ habitual residence to Argentina – There was no grave risk that returning to Spain would cause psychological or physical harm to the girls – The girls did not strongly resist against or oppose returning to Spain, they only stated a mere preference for continuing to live in Argentina – The circumstances of the case had to be taken into account and the COVID-19 health emergency context as well in order to make return immediate and safe.

  • 1993 | HC/E/USs 81 | UNITED STATES - STATE JURISDICTION | Appellate Court |
    Viragh v. Foldes, 415 Mass 96, 612 N.E.2d 241 (Mass. 1993)
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Rights of Custody - Art. 3

    Order

    Appeal dismissed, application dismissed

    Article(s)

    3 15

    Ruling

    Appeal dismissed and application dissmissed; the Supreme Judicial Court of Massachusetts agreed that no custody rights of the father had been breached and refused to return the boys to Hungary.

  • 1998 | HC/E/IE 7 | UNITED KINGDOM - ENGLAND AND WALES | First Instance |
    Re B. (Child Abduction: Unmarried Father) [1999] Fam 1, [1998] 2 FLR 146, [1998] Fam Law 452
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Aims of the Convention - Preamble, Arts 1 and 2 | Rights of Custody - Art. 3 | Interpretation of the Convention

    Order

    Article 15 declaration refused

    Article(s)

    3 5 15

    Ruling

    Article 15 declaration refused; the removal of the child was not wrongful as no rights of custody had been breached.