Case Law Search

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

Return ordered

Return ordered; the removal of the child was wrongful, and neither Article 12(2) nor Article 13(1)(a) had been proved to the standard required under the Convention.

Habitual Residence - Art. 3 | Settlement of the Child - Art. 12(2)

Application dismissed

Application dismissed; the children were habitually resident in the United States at the relevant date.

Aims of the Convention - Preamble, Arts 1 and 2 | Grave Risk - Art. 13(1)(b) | Settlement of the Child - Art. 12(2)

Return ordered with undertakings offered

Return ordered and undertakings offered; the removal was wrongful and the standard required under Articles 12(2) and 13(1)(b) had not been reached.

Objections of the Child to a Return - Art. 13(2) | Settlement of the Child - Art. 12(2) | Procedural Matters

Return refused

Return refused; in accordance with Article 12(2) the children had become settled in their new environment and the Court declined to order their return.

Settlement of the Child - Art. 12(2)

Appeal allowed and case remitted to the Family Division of the High Court; the trial court had erred in the meaning attributed to Article 12(2).

Human Rights - Art. 20

Unanimous: appeal inadmissible; the issues relating to the consistency of the 1980 Convention with the Constitution had been resolved in an earlier case, and admissibility of the appeal was not necessary for the enforcement of fundamental rights.

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

Return refused

Return refused; the retention was wrongful, being in breach of the mother's rights of custody, but the child had valid objections to a return.

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

Return ordered

Habitual Residence - Art. 3 | Removal and Retention - Arts 3 and 12 | Interpretation of the Convention

In its preliminary ruling the Court noted, inter alia, that where the removal of a child has taken place in accordance with a judgment which was provisionally enforceable and which was thereafter overturned, the child's habitual residence must be determined by undertaking an assessment of all the circumstances of fact. Whilst it was possible the child's habitual residence may have changed, account must be taken of the fact that the judgment authorising the removal could be provisionally enforced and that an appeal had been brought.

Grave Risk - Art. 13(1)(b) | Objections of the Child to a Return - Art. 13(2) | Brussels IIa Regulation (Council Regulation (EC) No 2201/2003 of 27 November 2003)

Legal challenge dismissed; the retention was wrongful but decision to refuse to return the child on the basis of the Art. 13 exceptions upheld.

Habitual Residence - Art. 3 | Rights of Custody - Art. 3 | Settlement of the Child - Art. 12(2) | Procedural Matters

Appeal allowed, return refused

Appeal allowed, return refused. Although the retention was wrongful, the court refused return because the request had been introduced more than a year after the retention and the boy was settled into his new family, educational and social environments.

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

Appeal allowed, return refused

Appeal allowed and return order refused; removal wrongful but the children had become settled in their new environment and objected to a return, with the Court exercising its discretion not to make a return order.

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

Appeal dismissed, return ordered

Appeal dismissed and return ordered; the removal was wrongful and even if a year had elapsed for the purposes of Article 12 the child was not settled in his new environment and none of the other exceptions had been established.

Removal and Retention - Arts 3 and 12 | Acquiescence - Art. 13(1)(a) | Grave Risk - Art. 13(1)(b) | Settlement of the Child - Art. 12(2) | Human Rights - Art. 20

Appeal allowed, return ordered

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

Appeal allowed, return refused

Aims of the Convention - Preamble, Arts 1 and 2 | Acquiescence - Art. 13(1)(a) | Undertakings | Settlement of the Child - Art. 12(2) | Role of the Central Authorities - Arts 6 - 10 | Procedural Matters

Return refused

Return refused; more than a year had elapsed before the commencement of return proceedings and the child was found to be settled in her new environment.

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

Return ordered

Return ordered; the removal was wrongful and none of the exceptions had been established. The Court fixed the conditions for return.

Settlement of the Child - Art. 12(2)

Appeal allowed, return ordered

Removal and Retention - Arts 3 and 12 | Settlement of the Child - Art. 12(2)

Appeal allowed and case remitted to the Unified Family Court to determine whether the child was now settled in its new environment.

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

Appeal dismissed, return ordered

The Supreme Court rejected the mother’s appeal.