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Search results (748)

  • 2016 | HC/E/HR 1394 | CROATIA | First Instance
    Municipal Court of Osijek, No. 12 R1 Ob-566 of 3 October 2016
    Languages
    No full text available
    Summary available in EN
    Grounds

    Rights of Custody - Art. 3 | Undertakings | Grave Risk - Art. 13(1)(b) | Objections of the Child to a Return - Art. 13(2) | Procedural Matters

    Order

    Return ordered

    Article(s)

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

    Synopsis

    1 child wrongfully removed at age 3 – National of Croatia – Married parents– Father national of Croatia – Mother national of Croatia – Joint parental responsibility under the  German Civil Code – Child lived in Germany until 6 April 2016 – Application for return filed with the Central Authority of Croatia on 10 June 2016 – Application for return filed with the courts of Croatia on 29 August 2016 – Return ordered – Main issues:  Rights of Custody, Art. 13(1)(b) “grave risk” exception to return, Objections of the Child to a Return – The child’s removal from Germany to Croatia was held to be unlawful under the Hague Convention, and none of the exceptions to ordering return were deemed applicable.

  • 2012 | HC/E/RO 1149 | European Court of Human Rights (ECrtHR) |
    Karrer v. Romania (Application No 16965/10)
    Languages
    Full text download EN
    Summary available in EN | FR
    Grounds

    Issues Relating to Return | Procedural Matters | Brussels IIa Regulation (Council Regulation (EC) No 2201/2003 of 27 November 2003)

    Article(s)

    3 4 6 7 11 12 13(1)(b) 20

    Ruling

    The Court unanimously ruled that Romania had breached Article 8 of the ECHR in failing to thoroughly assess the best interests of the child and to give the father the opportunity to present his case. It also awarded the father compensation under Article 41 of the ECHR.

  • 2011 | HC/E/HU 1150 | European Court of Human Rights (ECrtHR) |
    Shaw v. Hungary (Application No 6457/09)
    Languages
    Full text download EN
    Summary available in EN | FR
    Grounds

    European Convention on Human Rights (ECHR)

    Article(s)

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

    Ruling

    The Court unanimously ruled that Hungary had breached Article 8 of the ECHR where domestic courts failed to act expeditiously in the proceedings to return the child and the national authorities had failed to take adequate and effective measures for the enforcement of the return order. It also awarded the father compensation under Article 41 of the ECHR.

  • 2011 | HC/E/TR 732 | TURKEY | Superior Appellate Court |
    Supreme Court, Civil Chamber II, E. 2011/1948 K.2011/2921
    Languages
    No full text available
    Summary available in EN | FR
    Grounds

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

    Order

    Appeal allowed, return ordered

    Article(s)

    13(1)(b)

    Ruling

    Appeal allowed and return ordered in respect of the youngest child as the Article 13 exception of the 1980 Hague Child Abduction Convention did not apply. Application rejected in respect of the older children, who were over 16 years old.

  • 2012 | HC/E/TR 736 | TURKEY | Superior Appellate Court |
    Supreme Court, Civil Chamber II, E. 2012/10867 K.2012/15417
    Languages
    No full text available
    Summary available in EN
    Grounds

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

    Order

    Appeal allowed, return ordered

    Article(s)

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

    Ruling

    Return ordered; the "grave risk of harm" exception had not been established.

  • 2011 | HC/E/FI 1091 | FINLAND | Appellate Court |
    KKO:2011:260
    Languages
    Full text download FI | EN
    Summary available in EN
    Grounds

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

    Order

    Appeal dismissed, return ordered

    Article(s)

    3 13(1)(b)

    Ruling

    Appeal dismissed and return ordered; the retention was wrongful, the child being habitually resident in Canada at the relevant date.

  • 2010 | HC/E/CH 1079 | SWITZERLAND | Superior Appellate Court |
    5A_80/2010, II. zivilrechtliche Abteilung, arrêt du TF du 22 mars 2010
    Languages
    Full text download DE
    Summary available in EN | FR
    Grounds

    Issues Relating to Return | Procedural Matters

    Article(s)

    13(1)(b) 16 26

    Ruling

    Appeal dismissed; the application for the child's independent representation was manifestly groundless and the mother failed to assert any genuinely new circumstance.

  • 2010 | HC/E/CH 1083 | SWITZERLAND | Superior Appellate Court |
    5A_520/2010, II. zivilrechtliche Abteilung, arrêt du TF du 31 août 2010
    Languages
    Full text download DE
    Summary available in EN | FR
    Grounds

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

    Order

    Appeal dismissed, return ordered

    Article(s)

    1 3 13(1)(a) 13(1)(b) 26

    Ruling

    Appeal dismissed insofar as it was admissible. In particular, the mother had failed to prove the existence of acquiescence or a grave risk of danger.

  • 2011 | HC/E/CH 1086 | SWITZERLAND | Superior Appellate Court |
    5A_27/2011, II. zivilrechtliche Abteilung, arrêt du TF du 21 février 2011
    Languages
    Full text download DE
    Summary available in EN | FR
    Grounds

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

    Order

    Appeal dismissed, return ordered

    Article(s)

    3 5 13(1)(a) 13(1)(b) 26

    Ruling

    Appeal dismissed, return ordered. The removal was wrongful and none of the exceptions invoked was applicable.

  • 2011 | HC/E/UKs 1154 | UNITED KINGDOM - SCOTLAND | First Instance |
    IGR, Petitioner [2011] CSOH 208
    Languages
    Full text download EN
    Summary available in EN | FR
    Grounds

    Habitual Residence - Art. 3 | Acquiescence - Art. 13(1)(a) | Grave Risk - Art. 13(1)(b) | Settlement of the Child - Art. 12(2) | Jurisdiction Issues - Art. 16 | Brussels IIa Regulation (Council Regulation (EC) No 2201/2003 of 27 November 2003)

    Order

    Return refused

    Article(s)

    11 13(1)(a) 13(1)(b) 16 18 19 12(2)

    Ruling

    Removal wrongful but return refused; the child was settled in his new environment and the Court exercised its discretion not to order his return.

  • 2010 | HC/E/NZ 1120 | NEW ZEALAND | First Instance |
    W. v. S. [2011] NZFLR 49
    Languages
    No full text available
    Summary available in EN | FR
    Grounds

    Consent - Art. 13(1)(a) | Acquiescence - Art. 13(1)(a) | Grave Risk - Art. 13(1)(b) | Undertakings

    Order

    Return ordered subject to undertakings

    Article(s)

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

    Ruling

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

  • 2008 | HC/E/UKe 1116 | UNITED KINGDOM - ENGLAND AND WALES | First Instance |
    F. v. M. (Abduction: Grave Risk of Harm) [2008] 2 FLR 1263
    Languages
    Full text download EN
    Summary available in EN | FR
    Grounds

    Grave Risk - Art. 13(1)(b) | Undertakings | Objections of the Child to a Return - Art. 13(2) | Brussels IIa Regulation (Council Regulation (EC) No 2201/2003 of 27 November 2003)

    Order

    Return ordered with undertakings offered

    Article(s)

    1 13(1)(b)

    Ruling

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

  • 1999 | HC/E/IL 807 | ISRAEL | Superior Appellate Court |
    Reshut ir'ur ezrachi (leave for civil appeal) 7994/98 Dagan v Dagan 53 P.D (3) 254
    Languages
    Full text download HE | EN
    Summary available in EN | FR | ES
    Grounds

    Habitual Residence - Art. 3 | Acquiescence - Art. 13(1)(a) | Grave Risk - Art. 13(1)(b)

    Order

    Appeal allowed, return ordered

    Article(s)

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

    Ruling

    Appeal allowed and return ordered; acquiescence had not been proved to the standard required under the Convention.

  • 2004 | HC/E/UKe 599 | UNITED KINGDOM - ENGLAND AND WALES | First Instance |
    Re W. (Abduction: Domestic Violence) [2004] EWHC 1247
    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)

    Order

    Return ordered

    Article(s)

    13(1)(b) 13(2)

    Ruling

    Removal wrongful and return ordered; none of the exceptions had been established to the standard required under the Convention, however, the return was subject to extensive and stringent conditions, including the obtaining of a mirror order in the High Court of South Africa.

  • 2007 | HC/E/GR 680 | GREECE | First Instance |
    Court of First Instance of Amaliada (Μονομελές Πρωτοδικείο Αμαλιάδας), decision 248, 13 March 2007
    Languages
    No full text available
    Summary available in EN
    Grounds

    Rights of Custody - Art. 3 | Grave Risk - Art. 13(1)(b) | Objections of the Child to a Return - Art. 13(2) | Settlement of the Child - Art. 12(2)

    Order

    Return refused

    Article(s)

    2 3 7 10 11 12 13(1)(a) 13(1)(b) 13(2) 14 13(3) 12(2) 12(1)

    Ruling

    Return refused; the removal was wrongful, being in breach of the father's rights of custody, but the older siblings had valid objections to a return and the children would face a grave risk of harm if separated.

  • 2001 | HC/E/MC 510 | MONACO | Appellate Court |
    R 6136; M. Le Procureur Général contre M. H K
    Languages
    No full text available
    Summary available in EN | FR | ES
    Grounds

    Removal and Retention - Arts 3 and 12 | Settlement of the Child - Art. 12(2)

    Order

    Appeal dismissed, return refused

    Article(s)

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

    Ruling

    Appeal dismissed and return refused: the removal was wrongful, but Article 12(2) had been proved to the standard required under the Convention.

  • 1992 | HC/E/FR 518 | FRANCE | Superior Appellate Court |
    Cass Civ 1ère 16 décembre 1992, N° de pourvoi 91-13119
    Languages
    Full text download EN
    Summary available in EN | FR | ES
    Grounds

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

    Order

    Return ordered

    Article(s)

    3 13(1)(b)

    Ruling

    Challenge to legality dismissed; the child was habitually resident in Canada on the relevant date, therefore the retention was wrongful. None of the exceptions was established.

  • 2004 | HC/E/IL 837 | ISRAEL | Appellate Court |
    Family Appeal 592/04 R.K v. Ch. K.
    Languages
    No full text available
    Summary available in EN | FR
    Grounds

    Habitual Residence - Art. 3 | Acquiescence - Art. 13(1)(a) | Grave Risk - Art. 13(1)(b)

    Article(s)

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

    Ruling

    Appeal allowed in part; the removal was wrongful but the return of the girls would be refused for the father by his actions had acquiesced in their remaining in Israel.

  • 2002 | HC/E/FR 850 | FRANCE | Appellate Court |
    CA Paris, 20 septembre 2002, No de RG 2002/13730
    Languages
    Full text download FR
    Summary available in FR
    Grounds

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

    Order

    Appeal dismissed, return ordered

    Article(s)

    3 13(1)(b)

  • 2008 | HC/E/CA 851 | CANADA | Appellate Court
    Ibrahim v. Girgis, 2008 ONCA 23
    Languages
    Full text download EN
    Summary available in EN
    Grounds

    Acquiescence - Art. 13(1)(a) | Settlement of the Child - Art. 12(2)

    Order

    Appeal allowed, return ordered

    Article(s)

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

    Ruling

    Appeal allowed and return ordered; Article 13(1)(a) - acquiescence - had not been proved to the standard required under the Convention.