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Search results (154)

  • 1993 | HC/E/USs 238 | UNITED STATES - STATE JURISDICTION | First Instance |
    Roszkowski v. Roszkowska, 274 N.J. Super. 620, 644 A.2d 1150 (Ch. Div. 1993)
    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 | Procedural Matters

    Order

    Return ordered

    Article(s)

    1 3 29

    Ruling

    Return ordered; the child was habitually resident in the United States on the relevant date.

  • 1999 | HC/E/IS 367 | ICELAND | First Instance |
    M. v. K. 31/3/1999; District Court of Reykjanes, Iceland
    Languages
    No full text available
    Summary available in EN | FR | ES
    Grounds

    Rights of Custody - Art. 3 | Procedural Matters

    Order

    Return ordered

    Article(s)

    1 3 13(1)(b)

    Ruling

    Return ordered; the removal was in breach of rights of custody and was therefore wrongful.

  • 1992 | HC/E/AT 565 | AUSTRIA | Superior Appellate Court |
    4Ob538/92, Oberster Gerichtshof
    Languages
    Full text download DE
    Summary available in EN | FR
    Grounds

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

    Order

    Appeal dismissed, return refused

    Article(s)

    1 2 3 12 13(1)(b)

    Ruling

    Appeal dismissed and return refused; the retention was wrongful but the conditions for application of the exception of Article 13(1)(b) were met.

  • 1992 | HC/E/AT 566 | AUSTRIA | First Instance |
    8Ob535/92, Oberster Gerichtshof
    Languages
    Full text download DE
    Summary available in EN | FR
    Grounds

    Interpretation of the Convention

    Order

    Appeal dismissed, application dismissed

    Article(s)

    1 35

    Ruling

    Appeal dismissed; application dismissed. At the start of the wrongful retention, the Convention was not yet in force in Austria.

  • 1999 | HC/E/CH 445 | SWITZERLAND | First Instance |
    Tribunal civil de l'arrondissement de la Sarine (Civil Court of the Sarine District), decision of 20 December 1999, TR 1999/419
    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

    Order

    Return ordered

    Article(s)

    1 2 3 5 11 12 13(1)(b) 19 26

    Ruling

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

  • 2009 | HC/E/CA 1121 | CANADA | First Instance |
    Matzke v. Matzke, 85 R.F.L. (6th) 208
    Languages
    No full text available
    Summary available in EN | FR
    Grounds

    Grave Risk - Art. 13(1)(b) | Undertakings | Issues Relating to Return

    Order

    Return ordered subject to undertakings

    Article(s)

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

    Ruling

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

  • 2001 | HC/E/CA 751 | CANADA | Appellate Court |
    Chan v. Chow (2001), 199 D.L.R. (4th) 478 (B.C.C.A.)
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

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

    Order

    Appeal dismissed, return refused

    Article(s)

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

    Ruling

    Appeal dismissed and return refused; the removal was wrongful but the standard of harm required under Article 13(1)(b) had been proved.

  • 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/AU 278 | AUSTRALIA | First Instance |
    Director-General, Department of Families Youth & Community Care v. Reissner [1999] FamCA 1238, (1999) 25 Fam LR 330
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Rights of Access - Art. 21

    Article(s)

    1 4 Preamble 5 7 21

    Ruling

    Access ordered; the maternal grandmother possessed rights of access pursuant to the order of the Superior Court of Arizona and those rights had been breached by the father's actions.

  • 2000 | HC/E/AU 282 | AUSTRALIA | First Instance |
    Director-General, NSW Department of Community Services and Odierna, 17 March 2000, Family Court of Australia (Sydney) [2000] FamCA 2102
    Languages
    No full text available
    Summary available in EN | FR | ES
    Grounds

    Rights of Access - Art. 21 | Procedural Matters

    Order

    Application dismissed

    Article(s)

    1 5 19 21

    Ruling

    Application dismissed; in the absence of a court order conferring him access rights, the father did not have the standing to bring an application for access pursuant to the Family Law (Child Abduction Convention) Regulations.

  • 1994 | HC/E/IL 243 | ISRAEL | Appellate Court |
    B. v. B., 4 September 1994, C.A. 870/94 (Extract from the Jerusalem Post, 26 September 1994) The Supreme Court of Israel, sitting as a Court of Civil Appeals
    Languages
    No full text available
    Summary available in EN | FR | ES
    Grounds

    Rights of Custody - Art. 3

    Order

    Appeal dismissed, application dismissed

    Article(s)

    1 3 5

    Ruling

    Appeal dismissed and application dismissed; the removal was not wrongful as no right of custody had been breached.

  • 1995 | HC/E/NZ 248 | NEW ZEALAND | First Instance |
    Hall v. Hibbs [1995] NZFLR 762
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Order

    Return ordered

    Article(s)

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

    Ruling

    Return ordered; the State was liable for travel costs involved in the return but the court reserved the right to recover some or all of those costs from the mother.

  • 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.

  • 2007 | HC/E/CH 955 | SWITZERLAND | Superior Appellate Court |
    5A_285/2007/frs, IIe Cour de droit civil, arrêt du TF du 16 août 2007
    Languages
    Full text download FR
    Summary available in FR
    Grounds

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

    Order

    Appeal allowed, return ordered

    Article(s)

    1 3 5 12 13(1)(a)

  • 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. 

  • 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.

  • 2012 | HC/E/CA 1158 | CANADA | Appellate Court |
    TV c. MB, Droit de la famille 1222, 2012 QCCA 21
    Languages
    Full text download FR
    Summary available in EN | FR | ES
    Grounds

    Consent - Art. 13(1)(a) | Grave Risk - Art. 13(1)(b) | Interpretation of the Convention

    Order

    Appeal allowed, return ordered

    Article(s)

    1 13(1)(a) 13(1)(b)

    Ruling

    Appeal allowed, return ordered.

  • 2009 | HC/E/FR 1031 | FRANCE | Appellate Court
    CA Poitiers, 16 avril 2009, No de RG 09/00356
    Languages
    Full text download FR
    Summary available in EN | FR | 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) | Procedural Matters

    Order

    Appeal dismissed, return ordered

    Article(s)

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

    Ruling

    Appeal dismissed; the retention was wrongful and the grounds for exception under the Convention were not applicable.

  • 2001 | HC/E/PT 410 | PORTUGAL | First Instance
    Public Attorney v. J.S., Case No. 778/2001
    Languages
    Full text download PT
    Summary available in EN | FR | ES
    Grounds

    Habitual Residence - Art. 3 | Rights of Custody - Art. 3

    Order

    Return ordered

    Article(s)

    1 3 5 12 13(2) 26

    Ruling

    Return ordered; none of the exceptions had been established to the standard required under the Convention. The Australian authorities were in a position to provide for the well-being of the children, if that was required.

  • 1999 | HC/E/USf 306 | UNITED STATES - FEDERAL JURISDICTION | First Instance |
    Morris v. Morris, 55 F. Supp. 2d 1156 (D. Colo., Aug. 30, 1999)
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

    Habitual Residence - Art. 3

    Order

    Application dismissed

    Article(s)

    1 3 19

    Ruling

    Application dismissed; the removal was not wrongful as the child was habitually resident in the United States on the relevant date.