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Search results (95)

  • 2013 | HC/E/US 1206 | UNITED STATES - FEDERAL JURISDICTION | Superior Appellate Court |
    Chafin v. Chafin, 133 S. Ct. 1017, 185 L. Ed. 2d 1 (2013)
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

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

    Article(s)

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

    Ruling

    Judgment vacated and case remanded to the United States Court of Appeals for the Eleventh Circuit for further proceedings; the return of the child to Scotland did not render the case moot; there was a live dispute between the parties over where the child should be raised, and a possibility of effectual relief for the prevailing parent.

  • 1995 | HC/E/UKe 96 | UNITED KINGDOM - ENGLAND AND WALES | Appellate Court |
    Re K. (Abduction: Psychological harm) [1995] 2 FLR 550
    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) | Undertakings | Human Rights - Art. 20

    Order

    Appeal dismissed, return ordered with undertakings offered

    Article(s)

    3 12 13(1)(b) 20

    Ruling

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

  • 1996 | HC/E/USs 100 | UNITED STATES - STATE JURISDICTION | First Instance |
    Caro v. Sher, 296 N.J. Super. 594, 687 A.2d 354 (Ch. Div. 1996)
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

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

    Order

    Return ordered

    Article(s)

    13(1)(b) 20

    Ruling

    Retention wrongful and return ordered; the standard required under Article 13(1)(b) to indicate that the children would face an intolerable situation had not been met.

  • 1998 | HC/E/DE 233 | GERMANY | Other |
    Bundesverfassungsgericht, 2 BvR 1206/98, 29 October 1998
    Languages
    Full text download DE
    Summary available in EN | FR | ES
    Grounds

    Aims of the Convention - Preamble, Arts 1 and 2 | Habitual Residence - Art. 3 | Grave Risk - Art. 13(1)(b) | Objections of the Child to a Return - Art. 13(2)

    Article(s)

    Preamble 12 13(1)(b) 13(2) 19 20

    Ruling

    Constitutional complaint upheld; the decision of the Higher Regional Court (OLG) had violated the parental rights of the father pursuant to German Basic Law and violated the constitutional rights of the children. The case was remitted to the Higher Regional Court (OLG) of Celle.

  • 1995 | HC/E/AR 362 | ARGENTINA | Superior Appellate Court |
    W., E. M. c. O., M. G., Supreme Court, June 14, 1995
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

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

    Order

    Appeal dismissed, return ordered

    Article(s)

    3 Preamble 13(1)(b) 20

    Ruling

    Appeal dismissed and return ordered; the mother's constitutional rights had not been violated by the application of the Convention, nor had the lower courts erred in their application of the Convention: the retention was wrongful and none of the exceptions had been proved to the standard required.

  • 2015 | HC/E/UY 1322 | URUGUAY | Appellate Court |
    XX c/ ZZ s/ reintegro de hijos
    Languages
    Full text download ES
    Summary available in EN | ES
    Grounds

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

    Order

    Appeal allowed, return refused

    Article(s)

    3 12 13(1)(b) 20

    Ruling

    Appeal allowed; return refused.

  • 2013 | HC/E/NO 1402
    Case no. LF-2013-168054
    Languages
    Full text download EN
    Summary available in EN
    Grounds

    Grave Risk - Art. 13(1)(b) | Objections of the Child to a Return - Art. 13(2) | Human Rights - Art. 20

    Order

    Return ordered

    Article(s)

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

    Synopsis

    2 children wrongfully removed at ages 11 and 13 – Nationals of Portugal –divorced parents  – Father national of Portugal – Mother national of Portugal – Custody rights disputed – Children lived in Portugal until January 2013  – Application for return filed with the Central Authority of Portugal in April 2013 – Return ordered – Main issues: Article 13(1)(b) – Grave risk of harm – even though the children did not seem to have a good relationship with their father there was not found to be a serious risk of harm should they return to Portugal and the exception did not apply; Article 13 – Child’s objections - the children’s opinions primarily had to be regarded as a desire to live with their mother, rather than as resistance to returning to Portugal and so the exception did not apply; Article 20 – Protection of Human Rights and Fundamental Freedoms – the court held that it was consistent with human rights for the children to be returned and that the exception did not apply.

  • 2011 | HC/E/CA 1067 | CANADA | Appellate Court |
    A.M.R.I. v. K.E.R., 2011 ONCA 417
    Languages
    Full text download EN
    Summary available in EN
    Grounds

    Acquiescence - Art. 13(1)(a) | 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

    Article(s)

    13(1)(a) 13(1)(b) 13(2) 20

    Ruling

    Appeal allowed and case remitted to trial court; the trial court had failed to give due consideration to the child's status as a refugee when determining the return application. Furthermore, there had been procedural failings in the conduct of the trial and the exceptions to return had not been investigated properly.

  • 2020 | HC/E/CA 1482 | CANADA - ONTARIO | First Instance
    Sabeahat v. Sabihat FS-18-0099
    Languages
    Full text download EN
    Summary available in EN
    Grounds

    Interpretation of the Convention | Grave Risk - Art. 13(1)(b) | Human Rights - Art. 20

    Order

    Return refused

    Article(s)

    13(1)(b) 20

    Ruling

    The application for return was dismissed. There was enough evidence to show that there was a grave risk of harm if to the children if they returned to Israel. The judge refused to order the return based on Article 13(1)(b) and Article 20.

  • 2002 | HC/E/FR 849 | FRANCE | Appellate Court |
    CA Paris, 7 février 2002, No de RG 2001/21768
    Languages
    Full text download FR
    Summary available in FR
    Grounds

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

    Order

    Appeal dismissed, return ordered

    Article(s)

    3 12 13(1)(b) 14 20

  • 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)

  • 2004 | HC/E/AU 781 | AUSTRALIA | Appellate Court |
    A. & G.S. & Others [2004] FamCA 967, (2004) FLC 93-199, (2005) 32 Fam LR 583
    Languages
    No full text available
    Summary available in EN | FR | ES
    Grounds

    Human Rights - Art. 20 | Procedural Matters

    Article(s)

    20

    Ruling

    Appeal allowed and application dismissed; under Australian law an individual had no standing to make a return application. Permission was nevertheless granted for a new application to be made by the Commonwealth Central Authority.

  • 2000 | HC/E/FR 274 | FRANCE | Appellate Court |
    CA Grenoble, 29 mars 2000, No de RG 00/00797
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Grave Risk - Art. 13(1)(b) | Undertakings | Objections of the Child to a Return - Art. 13(2) | Human Rights - Art. 20 | Procedural Matters

    Order

    Appeal dismissed, return ordered with undertakings offered

    Article(s)

    3 13(1)(b) 13(2) 16 20 26

    Ruling

    Appeal dismissed, removal wrongful and return ordered with undertakings offered; none of the exceptions argued had been proved to the requisite standard.

  • 2000 | HC/E/ZA 309 | SOUTH AFRICA | Superior Appellate Court |
    Sonderup v. Tondelli 2001 (1) SA 1171 (CC)
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Rights of Custody - Art. 3 | Grave Risk - Art. 13(1)(b) | Undertakings | Human Rights - Art. 20 | Procedural Matters

    Order

    Appeal allowed, return ordered subject to undertakings

    Article(s)

    3 13(1)(b) 20

    Ruling

    Appeal upheld in part, return ordered subject to undertakings / a mirror order being entered in the Supreme Court of British Columbia. The retention was wrongful and the standard of harm required under Article 13(1)(b) had not been made out. Furthermore, the Convention was found to be consistent with the South African Constitution.

  • 1997 | HC/E/AU 283 | AUSTRALIA | First Instance |
    State Central Authority of Victoria v. Ardito, 29 October 1997, Family Court of Australia (Melbourne) [1997] FamCA 61
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

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

    Order

    Return refused

    Article(s)

    13(1)(b) 20

    Ruling

    Retention wrongful but return refused; the standard required under Article 13(1)(b) had been made out. The fact that the mother was denied entry into the United States constituted a grave risk that the child would be placed in an intolerable situation if sent back alone.

  • 1998 | HC/E/DK 406 | DENMARK | Appellate Court
    Ø.L.K. 16. november 1998, 14. afd., B-2805-98
    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 12 13(1)(a) 20

    Ruling

    Appeal dismissed and return ordered; the removal was wrongful as it breached the father's rights of custody.

  • 1997 | HC/E/ES 244 | SPAIN | Appellate Court |
    Re S., Auto de 21 abril de 1997, Audiencia Provincial Barcelona, Sección 1a
    Languages
    No full text available
    Summary available in EN | FR | ES
    Grounds

    Rights of Custody - Art. 3 | Human Rights - Art. 20 | Procedural Matters

    Order

    Appeal dismissed, return refused

    Article(s)

    13(1)(a) 13(1)(b) 16 20

    Ruling

    Appeal dismissed and return refused; the return of the child would be contrary to the basic principles of Spanish law concerning the protection of human rights and basic liberties; the strict standard required under Article 20 had been made out.

  • 1999 | HC/E/CH 427 | SWITZERLAND | Superior Appellate Court |
    5P.1/1999, Tribunal fédéral suisse, (swiss Supreme Court), decision of 29 March 1999
    Languages
    No full text available
    Summary available in EN | FR | ES
    Grounds

    Human Rights - Art. 20

    Article(s)

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

    Ruling

    Appeal allowed; the decision of the court of appeal was wrong in law and quashed. The return application was remitted to a lower court for re-hearing.

  • 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.

  • 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.