Case Law Search

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

Appeal dismissed, return ordered

Appeal dismissed and return ordered; the removal was wrongful and the standard of harm required for Article 13(1)(b) had not been proved to the standard required under the Convention.

Habitual Residence - Art. 3 | Rights of Custody - Art. 3 | Procedural Matters | Interpretation of the Convention

Application dismissed

Application dismissed; the children were found to be without a habitual residence therefore the Convention was not applicable.

Habitual Residence - Art. 3 | Procedural Matters

Return ordered

Retention wrongful and return ordered; the child was still habitually resident in Sweden at the relevant date.

Rights of Custody - Art. 3 | Interpretation of the Convention

Appeal allowed, application dismissed

Appeal allowed and application dismissed; the removal was not wrongful as the father did not possess rights of custody at the time of the removal.

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

Appeal dismissed, return refused

Appeal dismissed and return refused; the removal was wrongful but the standard required under Article 13(2) had been met to show that the child objected to a return.

Habitual Residence - Art. 3

Application dismissed

Application dismissed; the retention was not wrongful as the child was habitually resident in Germany at the relevant date.

Non-Convention Issues

Return ordered

Return ordered; in the light of the best interests of the child the appropriate courts to determine the issue of custody are those in Germany.

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

Return refused

Return refused; the removal was wrongful but the standard of harm required under Article 13(1)(b) had been established.

Rights of Custody - Art. 3

Leave for constitutional challenge rejected; it was for the Oberlandesgerichte and the Amtsgerichte to apply and interpret the provisions of the Convention.

Habitual Residence - Art. 3 | Grave Risk - Art. 13(1)(b) | Human Rights - Art. 20 | Procedural Matters

Return ordered

Return ordered; the removal was wrongful and the standard required under Article 13(1)(b) to indicate that the children would face a grave risk of harm had not been met. The Court also ruled that the Convention did not violate the Canadian Charter of Rights and Freedoms.

Habitual Residence - Art. 3 | Rights of Custody - Art. 3

Appeal allowed, application dismissed

Appeal allowed and application dismissed; the retention was not wrongful as no rights of custody had been breached.

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

Return ordered

Return ordered; the removal of the child breached the father's rights of custody and Article 13(1)(b) had not been proved to the standard required under the Convention.

Rights of Custody - Art. 3 | Grave Risk - Art. 13(1)(b) | Rights of Access - Art. 21

Return ordered

Return ordered; the removal was wrongful having breached actually exercised rights of custody.

Removal and Retention - Arts 3 and 12

Return ordered

Return ordered; the removal was wrongful being in breach of the mother's actually exercised rights of custody.

Rights of Access - Art. 21

Application for enforcement of access rights dismissed.

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

Appeal allowed, return refused

PER FINN AND BARLOW JJ: Appeal allowed and return refused; the court found a grave risk of physical harm to the child on return.

PER HOLDEN J (DISSENTING): No clear and compelling evidence of a grave risk of exposure to future harm had been demonstrated. The Appeal should be dismissed and the child returned to Israel.

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

Appeal dismissed, return ordered

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

Acquiescence - Art. 13(1)(a) | Objections of the Child to a Return - Art. 13(2)

Return ordered

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

Rights of Access - Art. 21

Appeal dismissed and application for access under Article 21 allowed to proceed.

Habitual Residence - Art. 3 | Procedural Matters

Appeal allowed, application dismissed

Appeal allowed and application dismissed; the child was not habitually resident in Switzerland at the time of the removal.