Case Law Search

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

Appeal dismissed, return ordered

Appeal dismissed, return ordered. 

European Convention on Human Rights (ECHR) | Issues Relating to Return | Procedural Matters

The European Court of Human Rights held by six votes to one that there had been a violation of Article 8 of the ECHR on account of the Italian courts' order for the child to be returned to Italy; and unanimously that there had been no violation of Article 8 on account of the mother's absence from the hearing of the Rome Youth Court. Damages were awarded to mother and child.

Procedural Matters

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

Appeal allowed, application dismissed

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

Return ordered

Return ordered; the retention was wrongful and none of the exceptions had been proved to the standard required under the Convention.

Grave Risk - Art. 13(1)(b) | Human Rights - Art. 20 | Issues Relating to Return

Appeal allowed, return ordered

Appeal allowed and return ordered, provided that the child was permitted to enter the United States. The retention was wrongful and none of the exceptions had been proved to the standard required by the Convention.

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

Appeal dismissed, return ordered

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

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

Return ordered

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

Appeal allowed, return ordered

Appeal allowed and return ordered; the removal was wrongful.  

Grave Risk - Art. 13(1)(b) | Procedural Matters

Procedural Matters

Appeal granted and deportation of mother and the abducted children ordered.

Grave Risk - Art. 13(1)(b) | Undertakings | Issues Relating to Return

Appeal allowed, return ordered

Appeal granted and return ordered.

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

Return refused

Return refused; the retention was wrongful, but the child objected to a return to the UK and the standard required under Article 13(2) had been established.

Removal and Retention - Arts 3 and 12

Application dismissed

Application dismissed; waiver of custody rights not under duress; no need to determine habitual residence given no wrongful removal or retention.

Removal and Retention - Arts 3 and 12 | Grave Risk - Art. 13(1)(b) | Human Rights - Art. 20

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 | Removal and Retention - Arts 3 and 12 | Settlement of the Child - Art. 12(2) | Brussels IIa Regulation (Council Regulation (EC) No 2201/2003 of 27 November 2003)

Return refused

Appeal dismissed, return ordered

Removal and Retention - Arts 3 and 12 | Habitual Residence - Art. 3 | Rights of Custody - Art. 3 | Procedural Matters |

Return ordered

Return ordered

Grave Risk - Art. 13(1)(b) | Procedural Matters | Brussels IIa Regulation (Council Regulation (EC) No 2201/2003 of 27 November 2003)

Case remitted to lower court

1 child wrongfully removed at age 3 – National of Croatia– Married parents– Father national of Croatia– Mother national of Croatia – Joint parental responsibility according to German Civil Code – Child lived in Germany until 6 April 2016 – Application for return filed with the Central Authority of Croatia on 10 June 2016 – Application for return filed with the Central court of Croatia on 29 August 2016 - Main issue(s): Art. 13(1)(b) grave risk exception to return; Procedural matters, Brussels IIa Regulation – the courts are obliged to give a fully-founded factual basis for the application of Articles 12 and 13 of the Hague Convention.

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

Appeal dismissed, return ordered

2 children wrongfully removed (aged 5 and 8 at the time of the decision) – Nationals of Brazil and Argentina – Divorced parents – Father national of Argentina, Venezuela, and Brazil – Mother national of Argentina – By a homologated conciliation agreement of 5 June 2014, the father had custody for a period of four months and thereafter the parents were to have joint custody – Children lived in Brazil until July 2014 – Application for return filed with the Central Authority of Brazil in October 2014 – A decision or determination under Art. 15 of the 1980 Hague Child Abduction Convention was obtained - Application dismissed – Main issues: custody rights and acquiescence – “Rights of custody” has an autonomous meaning under the Convention, which crucially includes the right to determine the child’s place of residence – This right may be attributed to a parent by the law of the State in which the child was habitually resident immediately before the removal, as well as by the context, structure and content of an agreement on custody homologated in that State – “Acquiescence is a question of the actual subjective intention of the wronged parent, and not of the outside world’s perception of her intentions”