Case Law Search

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

Appeal dismissed, return ordered

Appeal dismissed and return ordered; the retention was wrongful for the children had neither lost their Israeli habitual residence at the relevant date nor acquired a habitual residence in Australia. There was no grave risk of harm and whilst the father had at one stage consented to the relocation the trial judge had correctly exercised his discretion to make a return order.

Acquiescence - Art. 13(1)(a)

Appeal allowed, return refused

Consent - Art. 13(1)(a) | Undertakings | Issues Relating to Return | Procedural Matters

Appeal dismissed, return ordered

Appeal dismissed and return ordered subject to a mirror order being obtained in the Netherlands; the retention was wrongful and the allegation that the applicant father had consented had not been proved.

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

Return ordered subject to undertakings

Removal wrongful and return ordered, subject to undertakings; a grave risk of harm had not been established to the standard required under the Convention.

Acquiescence - Art. 13(1)(a) | Undertakings

Return ordered subject to undertakings

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

Habitual Residence - Art. 3 | Consent - Art. 13(1)(a) | Procedural Matters

Appeal dismissed, return ordered

Appeal dismissed, return upheld. The removal was wrongful and there had been no consent to the removal.

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

Return ordered with undertakings offered

Removal wrongful and return ordered; the objection of one child to return was not sufficiently strong to override the policy of the Convention.

Habitual Residence - Art. 3 | Acquiescence - Art. 13(1)(a) | Grave Risk - Art. 13(1)(b) | Procedural Matters

Appeal dismissed, return ordered

Appeal dismissed, return ordered. The retention was wrongful and the exceptions raised inapplicable.

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

Return ordered with undertakings offered

Return ordered with undertakings offered; the child was habitually resident in England at the relevant date.

Acquiescence - Art. 13(1)(a)

Return refused

Removal wrongful but return refused; the standard required under Article 13(1)(a) had been met to show acquiescence on the part of the father.

Acquiescence - Art. 13(1)(a)

Appeal allowed, return refused

Appeal allowed and return refused; the father had acquiesced in the retention in the terms of Article 13(1)(a).

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.

Aims of the Convention - Preamble, Arts 1 and 2 | Rights of Custody - Art. 3 | Grave Risk - Art. 13(1)(b) | Objections of the Child to a Return - Art. 13(2)

Appeal dismissed, return ordered

Appeal dismissed; return ordered; the removal was wrongful as the father's right of custody had been breached, and none of the exceptions raised by the mother had been proved.

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

Application dismissed

Return refused; the removal was not wrongful as the father was not actually exercising his rights of custody.

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

Appeal dismissed, return ordered

Appeal dismissed and return ordered; the child had acquired a habitual residence in Australia at the time of the removal. The court further found that the mother had not acquiesced in the removal.

Acquiescence - Art. 13(1)(a) | Grave Risk - Art. 13(1)(b)

The Court of Appeal, in a majority ruling, held that the father had acquiesced in the removal of the children. The case was then remitted to the High Court to exercise its discretion whether or not to grant a return order.

Aims of the Convention - Preamble, Arts 1 and 2 | Rights of Custody - Art. 3 | Acquiescence - Art. 13(1)(a)

Return refused

Return refused; the retention of the child was wrongful but that the father had acquiesced in terms of Article 13(1)(a). The court exercised its discretion not to order the return of the child.

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

Return ordered

Return ordered; the application under Article 13(1)(b) exception failed. The mother and children were sufficiently protected against harm by measures under the Convention and the laws of the American courts.

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.