Case Law Search

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).

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

Return ordered

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).

Acquiescence - Art. 13(1)(a) | Grave Risk - Art. 13(1)(b) | Settlement of the Child - Art. 12(2) | Procedural Matters

Appeal dismissed, return ordered

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

Appeal dismissed, return refused

Appeal dismissed and return refused; more than one year had passed between the retention and the filing of the legal action and it was not contested that the children were settled in their new environment. 

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.

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.

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

Application dismissed

Application dismissed; the child was not habitually resident in Australia at the time of the removal and in any event there had been no breach of actually exercised rights of custody.

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

Appeal allowed, return ordered

Appeal allowed, return ordered. The exception of grave risk of danger could not apply unless the US authorities denied the mother a visa enabling her to enter and remain in the United States of America until a custody ruling.

Consent - Art. 13(1)(a) | Grave Risk - Art. 13(1)(b) | Jurisdiction Issues - Art. 16 | Procedural Matters

Appeal dismissed, return ordered

Appeal dismissed; decision ordering the children's return upheld, having considered with reasonable cause that none of the exceptions was applicable.

Consent - Art. 13(1)(a) | Removal and Retention - Arts 3 and 12 | Settlement of the Child - Art. 12(2) | Objections of the Child to a Return - Art. 13(2)

Return ordered

Return ordered. There was no evidence that the father consented or acquiesced to the children remaining in the US. The father filed his petition for the return of the children within one year and, even if more than a year had elapsed, the children were not settled in the US for the purposes of Article 12(2).

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

Return ordered

Return ordered.

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)

Appeal dismissed, application dismissed

Grave Risk - Art. 13(1)(b) | Settlement of the Child - Art. 12(2) | Issues Relating to Return

Appeal dismissed and return ordered; the removal was wrongful and none of the exceptions had been established.

Settlement of the Child - Art. 12(2)

Appeal dismissed, return ordered

Appeal dismissed, return ordered.

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

Return refused

3 children habitually resident in Spain ― Father Spanish national, mother Japanese national ― Parents married in 2009 in Japan ― Upon marriage, father adopted mother’s child born out of wedlock in 2006 ― Two children were born within wedlock in 2011 and 2015 ― Parents first lived together in Japan and later relocated to Spain in May 2011 ― Mother brought three children to Japan in May 2017 and notified Father of her intent to divorce and stay in Japan ― Father filed petition for the return of the children to the Tokyo Family Court in October 2018 ― Petition dismissed ― Main issue: Settlement of the children.

Grave Risk - Art. 13(1)(b) | Objections of the Child to a Return - Art. 13(2) | Settlement of the Child - Art. 12(2)

Return refused

Removal wrongful but return refused; more than 12 months had elapsed prior to the filing of the return petition and the children were held to be settled in their new environment; the older child also had valid objections to returning.

Settlement of the Child - Art. 12(2)

Appeal allowed, return refused

Appeal allowed. Order for return to Portugal set aside. 

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

Return refused

Return refused.