Case Law Search

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.

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.

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.

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.

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

Appeal dismissed, return ordered

Appeal dismissed and return ordered; the removal was wrongful and the trial court had not erred in its refusal to apply the fugitive disentitlement doctrine.

Aims of the Convention - Preamble, Arts 1 and 2 | Undertakings

No order made; undertakings and the post return situation considered.

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

Return ordered

Return ordered; the children objected to a return, but in exercising its subsequent discretion the court found that there was simply so much in dispute and so much that required resolution that the appropriate forum for the substantive custody proceedings was South Africa.

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

Return ordered

Return ordered: the removal was wrongful, being in breach of actually exercised rights of custody, and none of the exceptions had been proved to the standard required under the Convention.

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

Return ordered

Return ordered; the removal was wrongful, the child being habitually resident in Spain at the relevant date and the mother having custody.

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

Appeal allowed, return refused

Appeal upheld and return refused; the retention was wrongful, but a return to the United Kingdom would expose the child to a grave risk of physical, and most importantly, psychological harm.

European Convention on Human Rights (ECHR)

Unanimous: infringement of Article 8 of the European Convention on Human Rights (ECHR); award of damages on the basis of Article 41 of the ECHR.

Rights of Custody - Art. 3 | Grave Risk - Art. 13(1)(b) | Issues Relating to Return

Return refused

Application dismissed the removal was not deemed to have been in breach of actually exercised rights of custody.

Aims of the Convention - Preamble, Arts 1 and 2 | Objections of the Child to a Return - Art. 13(2) | Settlement of the Child - Art. 12(2) | Issues Relating to Return

Appeal dismissed, return ordered

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

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

Appeal dismissed, return ordered

Appeal dismissed and return ordered; the child was habitually resident in England at the time of the removal.

Aims of the Convention - Preamble, Arts 1 and 2 | Removal and Retention - Arts 3 and 12 | Grave Risk - Art. 13(1)(b) | Best Interests of the Child | Procedural Matters

Appeal allowed, return ordered

Habitual Residence - Art. 3 | Removal and Retention - Arts 3 and 12 | Settlement of the Child - Art. 12(2) | Grave Risk - Art. 13(1)(b) | Procedural Matters | Procedural Matters

Appeal dismissed, return ordered

Wrongful retention of the child – Separated parents – Custody rights were jointly exercised – The child lived in Spain until 11 August 2014 – The request for return was filed before the Central Authority in Spain in September 2014 – Return ordered – Main issues: habitual residence, removal and retention, settlement of the child, art. 13(1)(b) grave risk exception, procedural matters – The habitual residence of the child prior to the wrongful removal was in Spain – There was wrongful retention in breach of the custody rights, which were exercised jointly pursuant to the agreement signed by the mother and father – The settlement of the child was not considered because the one-year period required by the Convention had not elapsed – The evidence did not contribute to determining whether there had been sexual abuse; on the contrary, a true demonstration of the risk was necessary to justify the application of article 13(1)(b) - The Central Authority of Spain was urged to take measures to protect the child and to do a follow-up on the case to provide the father with the necessary legal support.

Consent - Art. 13(1)(a) | Settlement of the Child - Art. 12(2) | Grave Risk - Art. 13(1)(b) | Best Interests of the Child

Return refused

Habitual Residence - Art. 3 | Removal and Retention - Arts 3 and 12

Appeal dismissed, return refused

Return refused; the retention was not wrongful.

Habitual Residence - Art. 3 | Removal and Retention - Arts 3 and 12

Challenge to legality dismissed; at the time the return application was made the retention of the child was not wrongful.