Case Law Search

Habitual Residence - Art. 3 | Settlement of the Child - Art. 12(2) | Acquiescence - Art. 13(1)(a) | Grave Risk - Art. 13(1)(b)

Return ordered subject to undertakings

The court ordered the return of the child to the USA.

Habitual Residence - Art. 3 | Settlement of the Child - Art. 12(2)

Return ordered

The court ordered the return of the child to the USA.

Habitual Residence - Art. 3

Appeal dismissed, return refused

Appeal dismissed, the child was habitually resident in Canada. 

Habitual Residence - Art. 3

Appeal dismissed, return refused

Appeal dismissed, return refused. The child was habitually resident in Canada.

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

Appeal dismissed, return refused

Application dismissed. Return refused as there would be a grave risk of harm to the child if he was returned to Germany.

Habitual Residence - Art. 3

Appeal dismissed, return refused

Application dismissed. The children were habitually resident in Canada.

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

Appeal dismissed, return ordered

The mother’s complaint appeal (Beschwerde) was rejected and the order for return was maintained with the specification that the child was to be returned to Spain but not necessarily to Madrid.

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

Appeal dismissed, return ordered

The mother’s complaint appeal was rejected and the order to return the children remained in place.

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

Appeal allowed, return ordered

Appeal allowed; return ordered. The Appellate Court held that the Article 13(1)(b) exception was not established.

Habitual Residence - Art. 3 | Removal and Retention - Arts 3 and 12 | Rights of Custody - Art. 3 | Consent - Art. 13(1)(a) | Human Rights - Art. 20 | Procedural Matters

Appeal dismissed, return ordered

Appeal rejected. Return ordered.