Refine your search

Keyword:

Grounds:

Show more

Year:

Country:

Show more

Article(s):

Show more

Order:

Show more

Requesting State:

Show more

Requested State:

Show more

Court Level:

Instrument:

Search results (163)

  • 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.

  • 1998 | HC/E/AT 555 | AUSTRIA | Superior Appellate Court |
    7Ob72/98h, Oberster Gerichtshof
    Languages
    Full text download DE
    Summary available in FR
    Grounds

    Grave Risk - Art. 13(1)(b)

    Article(s)

    3 5 13(1)(b) 17

  • 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.

  • 2018 | HC/E/UA 1397 | UKRAINE | Superior Appellate Court
    Hague return case from Ukraine to the United Kingdom No 2-4237/12
    Languages
    Full text download UK
    Summary available in EN | ES
    Grounds

    Aims of the Convention - Preamble, Arts 1 and 2 | Habitual Residence - Art. 3 | Removal and Retention - Arts 3 and 12 | Jurisdiction Issues - Art. 16 | European Convention on Human Rights (ECHR)

    Order

    Return ordered

    Article(s)

    2 3 5 8 12 13(1)(a) 13(1)(b) 16 19 20 12(1)

    Synopsis

    1 child wrongfully retained at age 6 months - National of United Kingdom and Ukraine - Married parents- Father national of the United Kingdom - Mother national of Ukraine – Applicant father had joint custody with respondent mother under British legislation – Child lived in the United Kingdom until 11 April 2012 -Application for return filed with the courts of Ukraine on 19 December 2012 - Return ordered on 29 August 2018 - Main issues: Articles 5 and 12 of the 1980 Hague Child Abduction Convention (a parent cannot independently decide to change the child’s place of habitual residence; the place of habitual residence is of major importance to restoring of the status quo for the child; first instance court and appeal court incorrectly interpreted exceptions for non-return of a child as a settlement in new environment, acquiescence in the retention and grave risk to return).

  • 2009 | HC/E/AT 1033 | AUSTRIA | Superior Appellate Court |
    1Ob163/09s, Oberster Gerichtshof
    Languages
    Full text download DE
    Summary available in EN | FR | ES
    Grounds

    Habitual Residence - Art. 3 | Grave Risk - Art. 13(1)(b) | Procedural Matters

    Article(s)

    3 5 13(1)(b)

    Ruling

    Appeal declared inadmissible.

  • 2019 | HC/E/SV 1422 | EL SALVADOR | Appellate Court
    05-J2(230)-2012-3
    Languages
    Full text download ES
    Summary available in EN | ES
    Grounds

    Rights of Custody - Art. 3 | Consent - Art. 13(1)(a) | Procedural Matters

    Order

    Appeal dismissed, return ordered

    Article(s)

    3 5 8 12 13(1)(a) 16

    Ruling

    Appeal refused; return allowed. It was settled that the retention was wrongful.

  • 2010 | HC/E/CA 1124 | CANADA | First Instance |
    Ryan v. Ryan
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

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

    Order

    Return ordered

    Article(s)

    3 4 5 12 13(1)(b) 16 19

    Ruling

    Retention wrongful and return ordered; Article 13(1)(b) had not been proved to the standard required under the Convention.

  • 2012 | HC/E/TR 1169 | European Court of Human Rights (ECrtHR) |
    Ilker Ensar Uyanık c. Turquie (Requête No 60328/09)
    Languages
    Full text download FR
    Summary available in EN | FR | ES
    Grounds

    European Convention on Human Rights (ECHR)

    Order

    ECrtHR - Violation of Article 8 ECHR, award of damages

    Article(s)

    3 4 5 12 13(1)(a) 13(1)(b) 13(2) 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.

  • 2013 | HC/E/LU 1311 | LUXEMBOURG | Appellate Court |
    Cour d'appel de Luxembourg, 6 novembre 2013, No de rôle 40390
    Languages
    Full text download FR
    Summary available in FR
    Grounds

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

    Order

    Appeal dismissed, return ordered

    Article(s)

    3 5 12 13(2)

  • 1989 | HC/E/US 32 | UNITED KINGDOM - ENGLAND AND WALES | First Instance |
    Re J. (Minor: Ward of Court) [1989] Fam 85
    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 breach of custody rights vested in the English court was sufficient to make the removal of the child wrongful.

  • 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.

  • 1997 | HC/E/UKe 5 | UNITED KINGDOM - ENGLAND AND WALES | First Instance |
    Re O. (Child Abduction: Custody Rights) [1997] 2 FLR 702, [1997] Fam Law 781
    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 | Procedural Matters

    Order

    Return ordered

    Article(s)

    3 5

    Ruling

    Return ordered; the role played by the grandparents in the care of the child was sufficient to vest them with custody rights. These rights were breached when the mother removed the child.

  • 1995 | HC/E/UKe 8 | UNITED KINGDOM - ENGLAND AND WALES | Appellate Court |
    Re F. (A Minor) (Abduction: Custody Rights Abroad) [1995] Fam 224, [1995] 3 WLR 339, [1995] Fam Law 534
    Languages
    No full text available
    Summary available in EN | FR | ES
    Grounds

    Rights of Custody - Art. 3 | Grave Risk - Art. 13(1)(b) | Procedural Matters | Interpretation of the Convention

    Order

    Appeal allowed, return refused

    Article(s)

    3 5 12 13(1)(b)

    Ruling

    Appeal allowed and return refused; the Court of Appeal found that there had been a wrongful removal but exercised its discretion under Article 13(1)(b) not to order the return of the child.

  • 1989 | HC/E/FR 62 | FRANCE | Appellate Court |
    CA Aix en Provence, 23 mars 1989, Ministère Public c. M. B.
    Languages
    No full text available
    Summary available in EN | FR | ES
    Grounds

    Rights of Custody - Art. 3

    Order

    Appeal allowed, return ordered

    Article(s)

    3 5

    Ruling

    The Court of Appeal allowed the appeal, finding that there had been a wrongful removal.

  • 1997 | HC/E/CA 12 | CANADA | Appellate Court |
    Thorne v. Dryden-Hall, (1997) 28 RFL (4th) 297
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Rights of Custody - Art. 3

    Order

    Appeal dismissed, return ordered

    Article(s)

    3 5

    Ruling

    Appeal dismissed and return ordered; the children had been wrongfully removed from their State of habitual residence.

  • 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.

  • 1992 | HC/E/UKe 160 | UNITED KINGDOM - ENGLAND AND WALES | First Instance |
    Re R. (Minors) (Abduction) [1994] 1 FLR 190
    Languages
    No full text available
    Summary available in EN | FR | ES
    Grounds

    Rights of Custody - Art. 3 | Consent - Art. 13(1)(a) | Acquiescence - Art. 13(1)(a)

    Order

    Return ordered

    Article(s)

    3 5 12 13(1)(a)

    Ruling

    Return ordered; the removal of the children breached the mother's rights of custody, the standard required under Article 13(1)(a) to show consent had not been met.

  • 1996 | HC/E/USs 137 | UNITED STATES - STATE JURISDICTION | First Instance |
    Royal Borough of Kensington and Chelsea v. Holder, Nyack and Warrener, No. 4896/96 (N.Y. Sup. Ct. May 10, 1996)
    Languages
    No full text available
    Summary available in EN | FR | ES
    Grounds

    Rights of Custody - Art. 3 | Procedural Matters

    Order

    Return ordered

    Article(s)

    3 5

    Ruling

    Return ordered; the removal was in breach of rights of custody vested in the local authority.

  • 1992 | HC/E/UKs 191 | UNITED KINGDOM - SCOTLAND | First Instance |
    Taylor v. Ford 1993 SLT 654
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

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

    Order

    Return refused

    Article(s)

    3 5 12 13(1)(b) 15

    Ruling

    Return refused; the removal of the children was not wrongful as no rights of custody had been breached.

  • 2003 | HC/E/BE 545 | BELGIUM | First Instance |
    Tribunal de première instance de Bruxelles, 6 mars 2003, No de rôle: 02/7742/A
    Languages
    Full text download FR
    Summary available in FR
    Grounds

    Rights of Custody - Art. 3 | Acquiescence - Art. 13(1)(a) | Objections of the Child to a Return - Art. 13(2)

    Article(s)

    3 5 13(1)(a) 13(1)(b) 13(2)