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Resource Topic: Divorce

Decision of the Cour d’appel du canton de Berne, 46/II/2001/1b, 24/07/2001

INCADAT legal file Hague parental abduction

Appeal dismissed and return refused; Article 13(1)(b) had been proved to the standard required under the Convention in light of the intervening custody order made by the authorities in the State of the children’s habitual residence.

U/EU970069, Bezirksgericht Z?rich (Zurich District Court) (Switzerland), decision of 18 April 1997

INCADAT legal file Hague parental abduction

Return refused; the retention was not wrongful as the father had consented to the relocation of the child.

Justice de paix du cercle de Lausanne (magistrates’ court Lausanne), decision of 17 December 1998, J 765 CIEV 112E

INCADAT legal file Hague parental abduction

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

(DELETED) Z 99 61591 WAB

INCADAT legal file Hague parental abduction

Retour refus? ; il y a eu d?placement, mais l’exception de l’art. 13(2) a ?t? retenue.

Kantonsgericht St.Gallen (St.Gallen Cantonal Court), decision of 10 February 1999, RF.1998.111-E2

INCADAT legal file Hague parental abduction

Appeal dismissed and return refused; the removal was wrongful but on the basis of the children’s objections a return order was refused.

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 nº 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.

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