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Search results (49)

  • 1991 | HC/E/AT 376 | AUSTRIA | Appellate Court |
    43R644/91 Landesgericht für Zivilrechtssachen Wien
    Languages
    No full text available
    Summary available in EN | FR | ES
    Grounds

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

    Order

    Appeal dismissed, return ordered

    Article(s)

    1 2 7 12 13(1)(b) 16

    Ruling

    Appeal dismissed and return ordered; the retention was wrongful and Article 13(1)(b) had not been proved to the required standard.

  • 1990 | HC/E/AT 379 | AUSTRIA | Appellate Court |
    43R466/90 Landesgericht für Zivilrechtssachen Wien
    Languages
    No full text available
    Summary available in EN | FR | ES
    Grounds

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

    Order

    Appeal dismissed, return ordered

    Article(s)

    1 7 12 13(1)(b)

    Ruling

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

  • 1997 | HC/E/AU 211 | AUSTRALIA | Appellate Court |
    Police Commissioner of South Australia v. Castell (1997) FLC 92-752, [1997] FamCA 24, 21 Fam LR 643
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Rights of Access - Art. 21 | Interpretation of the Convention

    Article(s)

    4 7 21

    Ruling

    Appeal dismissed; the Family Law Regulations, which give effect to rights arising under the Hague Convention, do not accord the Australian Central Authority with the power to apply for access rights to be created.

  • 1994 | HC/E/UKe 85 | UNITED KINGDOM - ENGLAND AND WALES | First Instance |
    Re O. (Child Abduction: Undertakings) (No.1) [1994] 2 FLR 349
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Grave Risk - Art. 13(1)(b) | Undertakings | Role of the Central Authorities - Arts 6 - 10

    Order

    Return ordered with undertakings offered

    Article(s)

    7 13(1)(b)

    Ruling

    Return ordered, subject to undertakings. The court held that the undertakings would provide sufficient protection for the children prior to the substantive custody hearing.

  • 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.

  • 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.

  • 2010 | HC/E/CH 1059 | SWITZERLAND | Superior Appellate Court |
    5A_154/2010, II. zivilrechtliche Abteilung, arrêt du TF du 29 avril 2010
    Languages
    Full text download DE
    Summary available in EN | FR
    Grounds

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

    Article(s)

    7 13(1)(b)

    Ruling

    Appeal dismissed, ordering execution of the return order.

  • 2005 | HC/E/MT 831 | MALTA | First Instance |
    In the records of application no. 774/2005 of the 17 August 2005 submitted by the Director for Standards of Social Welfare
    Languages
    No full text available
    Summary available in EN | FR
    Grounds

    Habitual Residence - Art. 3

    Order

    Application dismissed

    Article(s)

    1 3 7 13(1)(a) 13(1)(b) 13(2) 13(3)

    Ruling

    Application dismissed; the retention was not wrongful as the children were no longer habitually resident in Australia on the relevant date.

  • 2011 | HC/E/CH 1176 | European Court of Human Rights (ECrtHR) |
    Affaire Küçük c. Turquie et Suisse (Requête No 33362/04)
    Languages
    Full text download FR
    Summary available in EN | FR | ES
    Grounds

    European Convention on Human Rights (ECHR)

    Article(s)

    3 7 12 13(1)(a) 13(1)(b) 13(2) 13(3)

    Ruling

    Unanimous: no breach of Article 8 of the European Convention on Human Rights (ECHR).

  • 1988 | HC/E/UKe 121 | UNITED KINGDOM - ENGLAND AND WALES | Appellate Court |
    Re E. (A Minor) (Abduction) [1989] 1 FLR 135
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

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

    Order

    Return ordered

    Article(s)

    7 13(1)(b) 13(3)

    Ruling

    Appeal dismissed and return ordered; the standard required under Article 13(1)(b) had not been met.

  • 1999 | HC/E/UKe 266 | UNITED KINGDOM - ENGLAND AND WALES | First Instance |
    Re M. and J. (Abduction) (International Judicial Collaboration) [1999] 3 FCR 721
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Grave Risk - Art. 13(1)(b) | Undertakings | Role of the Central Authorities - Arts 6 - 10 | Procedural Matters

    Article(s)

    7 13(1)(b)

    Ruling

    Voluntary return with undertakings agreed between the parties in the requesting State following direct contact between the English judge seized of the return application and the Californian judges seized of the substantive custody and criminal aspects of the case.

  • 2011 | HC/E/TR 733 | TURKEY | Superior Appellate Court |
    Supreme Court, Civil Chamber II, E. 2011/1931 K.2011/4032
    Languages
    No full text available
    Summary available in EN | FR
    Grounds

    Procedural Matters

    Article(s)

    7

    Ruling

    Appeal allowed; first instance decision overturned on procedural grounds.

  • 2002 | HC/E/ES 907 | SPAIN | Superior Appellate Court |
    Sentencia nº 120/2002 (Sala Primera); Número de Registro 129/1999. Recurso de amparo
    Languages
    No full text available
    Summary available in EN | FR
    Grounds

    Procedural Matters

    Article(s)

    1 3 7 9 11

    Ruling

    "Amparo" granted by the Constitutional Court which mandated the Court of Appeals to decide on the merits of the appeal.

  • 2009 | HC/E/TR 1269 | European Court of Human Rights (ECrtHR) |
    Övüs c. Turquie (Requête No 42981/04)
    Languages
    Full text download FR
    Summary available in EN | FR | ES
    Grounds

    European Convention on Human Rights (ECHR) | Procedural Matters

    Article(s)

    3 5 7 8 11 14 15 16 30

    Ruling

    Unanimous: breach of Article 8 of the European Convention on Human Rights (ECHR). The authorities had failed to deploy adequate efforts to enable the mother to regain contact with her children.

  • 2017 | HC/E/AU 1357 | AUSTRALIA | Appellate Court
    Arthur & Secretary, Department of Family & Community Services and Anor [2017] FamCAFC 111, (2017) FLC 93-781
    Languages
    Full text download EN
    No summary available
    Grounds

    Rights of Custody - Art. 3 | Grave Risk - Art. 13(1)(b) | Issues Relating to Return

    Order

    Appeal allowed, return ordered subject to undertakings

    Article(s)

    3 5 7 12 13(1)(a) 13(1)(b)

    Synopsis

    1 child wrongfully removed at age 6 – Unmarried parents – The mother had day-to-day care of the child and the father had supervised contact – Child lived in New Zealand until May 2016 – Application for return heard at first instance in December 2016 – First appeal: application dismissed – Second appeal: return ordered – Main issues: rights of custody, Art. 13(1)(b) grave risk exception, undertakings / conditions for return – The finding that there is no ”grave risk” within the meaning of Article 13(1)(b) “while at the same time foreshadowing a preparedness to impose conditions on the order for return” can be consistent - fulfilment of conditions prior to the child’s return should be feasible and cannot place the taking parent in a better situation than she was before the removal

  • 1992 | HC/E/LU 1114 | LUXEMBOURG | First Instance |
    Tribunal d'arrondissement de Luxembourg, 29 octobre 1992, Référé No 1895/92
    Languages
    No full text available
    Summary available in EN | FR
    Grounds

    Role of the Central Authorities - Arts 6 - 10

    Article(s)

    6 7

    Ruling

    Application inadmissible for lack of locus standi.

  • 2014 | HC/E/PA 1489 | PANAMA | Appellate Court
    A.W. vs. L.O.D.
    Languages
    Full text download ES
    Summary available in EN | ES
    Grounds

    Habitual Residence - Art. 3 | Removal and Retention - Arts 3 and 12 | Grave Risk - Art. 13(1)(b) | Procedural Matters

    Order

    Appeal allowed, return ordered

    Article(s)

    3 7 13(1)(b)

    Ruling

    Appeal allowed; return ordered. The Appellate Court held that the Article 13(1)(b) exception was not established.

  • 2014 | HC/E/PA 1341 | PANAMA | First Instance |
    PROD c/ DDMV
    Languages
    Full text download ES
    Summary available in EN | ES
    Grounds

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

    Order

    Return ordered

    Article(s)

    3 7 9 12 13(1)(b) 16

    Ruling

    Appeal allowed, return ordered. The removal to Panama was considered wrongful and the grave risk exception of Article 13(1)(b) raised by the mother was not established.

  • 2019 | HC/E/NI 1549 | NICARAGUA | First Instance
    Sentencia No. 25-2019
    Languages
    Full text download
    Summary available in EN | ES
    Grounds

    Procedural Matters

    Order

    Return ordered

    Article(s)

    1 2 3 4 5 7 19 25

    Synopsis

    Wrongful retention of a 1-year-old boy – Costa Rican – unmarried parents – Nicaraguan father – Dominican mother – Joint custody rights – The boy lived in Costa Rica until January 2018 – The return request was filed before a Nicaraguan court in January 2019 – Return ordered – Main issues: procedural matters – The parents agreed that the child would return to Costa Rica in the company of his father once the latter was assured that he would not be criminally sanctioned for child abduction.

  • 2000 | HC/E/DE 467 | GERMANY | Superior Appellate Court |
    Bundesgerichtshof, XII. Zivilsenat (Federal Supreme Court, 12th Civil Chamber) Decision of 16 August 2000 - XII ZB 210/99
    Languages
    Full text download DE
    Summary available in EN | FR | ES
    Grounds

    Interpretation of the Convention

    Article(s)

    2 7 16

    Ruling

    Appeal dismissed; refusal to make a custody order upheld. The Court held that Article 16 prohibits a custody decision on the merits where a return order has been made but not yet enforced.