Case Law Search

Interpretation of the Convention | Grave Risk - Art. 13(1)(b) | Human Rights - Art. 20

Return refused

The application for return was dismissed. There was enough evidence to show that there was a grave risk of harm if to the children if they returned to Israel. The judge refused to order the return based on Article 13(1)(b) and Article 20.

Appeal dismissed, return ordered

Appeal dismissed. There were no grounds for reversing the decision of the District Court.

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

Return ordered

The judge ordered that the children should be returned to Quebec within 14 days.

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

Return ordered subject to undertakings

The judge ordered the return of the child but stated that the order would not take effect until protective measures had been put in place in the Netherlands.

Objections of the Child to a Return - Art. 13(2)

Appeal dismissed, return ordered

The court dismissed the appeal and ordered the return of the children.

The Court of Appeal dismissed the appeal and upheld the decision of the High Court.

The court noted that, this case provides a clear example of the additional complications and potential obstacles which arise when parents disagree about whether their children should be permitted to travel between states which do not have reciprocal legal arrangements in force.

Grave Risk - Art. 13(1)(b)

Return refused

The court refused to order the return of the children. The Article 13(1)(b) exception had been made out and there would be a grave risk of harm to the children if they were returned.

Grave Risk - Art. 13(1)(b)

Appeal dismissed, return ordered

The court rejected the application for deferment of enforcement.

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

Appeal dismissed, return ordered

The complaint (Beschwerde) appeal lodged by the mother was refused, the child should be returned to the USA.

Habitual Residence - Art. 3

Return ordered

The court ordered the return of the child to the United States to the district of the court competent for the father's place of residence within two weeks of the decision taking effect.