Case Law Search

Settlement of the Child - Art. 12(2)

Return refused

Return refused; the District Court ruled that the retention of the children was wrongful but declined to order their return on the grounds that they were now settled in their new environment, eighteen months having elapsed between the retention and the commencement of judicial / administrative proceedings.

Rights of Custody - Art. 3 | Settlement of the Child - Art. 12(2)

Appeal dismissed, return ordered with undertakings offered

Appeal dismissed and return ordered; the standard required under Article 12(2) had not been met.

Aims of the Convention - Preamble, Arts 1 and 2 | Grave Risk - Art. 13(1)(b) | Procedural Matters

Return refused

Return refused; the removal was wrongful, but, the standard required under Article 13(1)(b) had been met that the child would face a grave risk of harm if returned.

Application dismissed

Application dismissed; the child was no longer habitually resident in Germany at the relevant date.

Settlement of the Child - Art. 12(2)

Return ordered

Removal wrongful and return ordered; the standard required under Article 12(2) to show that the children were settled in their new environment had not been made out.

Settlement of the Child - Art. 12(2)

Appeal dismissed, return ordered

Appeal dismissed and return ordered; the court found that none of the children was so emotionally and physically integrated as to be settled in Tasmania within the meaning of Article 12(2).

Settlement of the Child - Art. 12(2) | Procedural Matters

Appeal allowed, return refused

Appeal allowed and case remitted to the District Court for consideration on the merits.

Settlement of the Child - Art. 12(2)

Appeal dismissed, return refused

Appeal dismissed; the judge at first instance rightly considered that the children had settled in France.

Objections of the Child to a Return - Art. 13(2) | Settlement of the Child - Art. 12(2) | Human Rights - Art. 20

Appeal dismissed, return ordered

Appeal dismissed and return ordered; removal wrongful and none of the exceptions had been proved to the standard required under the Convention.

Habitual Residence - Art. 3 | Acquiescence - Art. 13(1)(a)

Appeal dismissed, return refused

Appeal dismissed and return refused; the retention was wrongful, but acquiescence had been established to the standard required under the Convention.

Rights of Custody - Art. 3 | Acquiescence - Art. 13(1)(a) | Settlement of the Child - Art. 12(2) | Procedural Matters

Appeal allowed, application dismissed

Appeal allowed and return application refused. There was a definite wrongful retention but more than a year had elapsed after the retention and the father had acquiesced.

Habitual Residence - Art. 3 | Acquiescence - Art. 13(1)(a) | Grave Risk - Art. 13(1)(b) | Undertakings | Objections of the Child to a Return - Art. 13(2) | Procedural Matters

Return refused

Removal wrongful but return refused; Article 13(1)(a) and (b) and Article 13(2) had been proved to the standard required under the 1980 Hague Child Abduction Convention.

Aims of the Convention - Preamble, Arts 1 and 2 | Settlement of the Child - Art. 12(2)

Appeal dismissed, return refused

Appeal dismissed and non-return order upheld; the doctrine of "equitable tolling" was not applicable to the settlement exception in Art. 12(2) of the 1980 Hague Child Abduction Convention.

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

Return refused

Return refused; the removal of the child to England was not wrongful under Greek law.

Settlement of the Child - Art. 12(2) | Procedural Matters

Appeal dismissed, return refused

Appeal dismissed, removal wrongful but return refused; the court found that the child was emotionally and physically integrated as to be settled in Australia within the meaning of Article 12(2).

Settlement of the Child - Art. 12(2)

Challenge to legality dismissed; the removal was wrongful but the child had become settled in her new environment. The return was therefore refused.

Settlement of the Child - Art. 12(2)

Return refused

Removal wrongful but return refused; the child was found to be settled in her new environment in accordance with the terms of Article 12(2).

Settlement of the Child - Art. 12(2)

Return refused

Return refused; the removal was wrongful but the children were now settled in their new environment.

Grave Risk - Art. 13(1)(b) | Settlement of the Child - Art. 12(2) | Human Rights - Art. 20 | Procedural Matters

Return ordered

Aims of the Convention - Preamble, Arts 1 and 2 | Grave Risk - Art. 13(1)(b) | Objections of the Child to a Return - Art. 13(2) | Settlement of the Child - Art. 12(2) | Human Rights - Art. 20 | Procedural Matters

Return ordered

Appeal allowed and return ordered; the retention had been wrongful and none of the exceptions had been established to the standard required under the Convention.