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Resource Topic: Child Custody

R? 1995 ref 99, Regeringsr??tten (Supreme Administrative Court), decision of 20 December 1995, case number 4936-1995

INCADAT legal file Hague parental abduction

Appeal allowed and return refused; the removal was not wrongful since the child was habitually resident in Sweden on the relevant date.

Sentencia nÂș 120/2002 (Sala Primera); N?mero de Registro 129/1999. Recurso de amparo

INCADAT legal file Hague parental abduction

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

Central Authority, RSA v. OCI [2010] JOL 25947 (GSJ)

INCADAT legal file Hague parental abduction

http://www.justice.gov.za/hague/caselaw/2010_iguwa_10-15111.pdf

Family Advocate, Cape Town, and another v EM 2009 (5) SA 420 (C)

INCADAT legal file Hague parental abduction

Retention wrongful and return ordered, subject to conditions; none of the exceptions had been proved to the standard required under the Convention.

Central Authority of the Republic of South Africa and Another v B 2012 (2) SA 296 (GSJ)

INCADAT legal file Hague parental abduction

Retention wrongful but return refused in the light of the child’s objections.

KG v. CB & others (748/11) [2012] ZASCA 17

INCADAT legal file Hague parental abduction

http://www.justice.gov.za/sca/judgments/sca_2012/sca2012-017.pdf

Pennello v. Pennello [2003] 1 All SA 716 (N)

INCADAT legal file Hague parental abduction

Appeal allowed and return refused; Article 13(1)(b) had been proved to the standard required under the Convention.

Re G. (Abduction) (Rights of Custody) [2002] 2 FLR 703

INCADAT legal file Hague parental abduction

Article 15 declaration granted; the removal was wrongful being in breach of inchoate rights of custody.

L?pez Gui? v. Slovakia (Application No 10280/12)

INCADAT legal file Hague parental abduction

http://hudoc.echr.coe.int/sites/eng/pages/search.aspx?i=001-144355

Maire v. Portugal, Requ?te no 48206/99, (2006) 43 E.H.R.R. 13

INCADAT legal file Hague parental abduction

Breach of Article 8 of the ECHR and award of damages. The Portuguese authorities had failed to take sufficient or adequate measures to ensure respect for the father’s right to have his son returned.

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