Case Law Search

Acquiescence - Art. 13(1)(a)

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

Appeal allowed, return refused

Appeal allowed and return refused; the removal was wrongful however it was determined that the child had become settled in her new environment in accordance with Article 12(2).

Rights of Custody - Art. 3

Appeal dismissed, return ordered

Appeal dismissed and return ordered; the removal was wrongful and none of the exceptions were established to the standard required under the Convention.

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.

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

Return ordered

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

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

Appeal allowed, return refused

Appeal allowed and return refused. The removal was wrongful but more than 12 months had elapsed prior to the issue of proceedings and further to Article 12(2) the children were now settled in their new environment.

Settlement of the Child - Art. 12(2)

Return ordered

Return ordered. The Court did not find that the father had consented or acquiesced to the removal of the child from the United Kingdom and the mother did not provide enough evidence to make out an exception to return under Article 13(2) (child’s objections), Article 13(1)(b) (grave risk of harm) or Article 12 (settlement of the child).

Aims of the Convention - Preamble, Arts 1 and 2 | Habitual Residence - Art. 3 | Consent - Art. 13(1)(a)

Return ordered

Return ordered at the date provided for by the parental agreement.

European Convention on Human Rights (ECHR)

Unanimous: no breach of Article 8 of the European Convention on Human Rights (ECHR).

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

Return ordered

Return ordered.

Habitual Residence - Art. 3

Application dismissed

Application dismissed; the retention was not wrongful as the children were no longer habitually resident in Australia on the relevant date.

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

Appeal dismissed, return ordered

One child (Russian national) born in 2014 resided in Russia ― Father and mother Russian nationals ― Parents married in 2014 in Russia ― Parents divorced in 2016 ― Mother took the child to Japan in October 2017 and settled there following her remarriage ― A ne exeat order of the Russian court was partly set aside by confirming the child’s temporary residence in Japan in January 2019 ― Central Authority of Japan assisted the Father with a return application in July 2018 ― Father filed petition for the child’s return to the Tokyo Family Court in October 2018 ― Return ordered ― Appeal dismissed by the Tokyo High Court in February 2019 ― Main issues: rights of custody and grave risk.

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

Appeal allowed, return ordered

Wrongful removal of a seven-month-old child – U.S. national – Married parents – Father a U.S. citizen – Mother a Brazilian citizen – Shared rights of custody – Child lived in the United States from birth until May 2021 – Return application submitted to the Central Authority in the United States in September 2021 – Appeal allowed, return ordered – Key issues: habitual residence, rights of custody, settlement of the child, grave risk exception – The child’s habitual residence was in the United States – Custody matters must be resolved by the courts of the State of the child’s habitual residence – The father filed the return application within one year of the wrongful retention – The Court held that the allegations of domestic violence were not substantiated, and that neither the child’s separation from the taking parent nor the immigration obstacles faced by the mother were sufficient to establish the grave risk exception.

Removal and Retention - Arts 3 and 12 | Consent - Art. 13(1)(a) | Grave Risk - Art. 13(1)(b) | Objections of the Child to a Return - Art. 13(2) | Jurisdiction Issues - Art. 16 | Best Interests of the Child

Appeal dismissed, return ordered

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

Return ordered

Return ordered. The Court dismissed the exceptions based upon consent, acquiescence and Article 13(1)(b). In the circumstances it was for the Dutch courts to determine the child’s long term welfare.

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

Appeal dismissed, return ordered

Appeal dismissed and return ordered; the standard required under Articles 12(2) and 13(1)(a) had not been reached.

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

Return ordered

Return ordered; while the boy's objections to a return were valid and should be taken into account, the girl's were not and it was held that they should not be separated.

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

Appeal allowed, return refused

Appeal allowed and return refused; the father had acquiesced in the retention of his son. The court exercised its discretion not to order the return of the child.

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

Appeal dismissed, return ordered with undertakings offered

Appeal dismissed and return ordered, undertakings offered; the standard required under Article 13(1)(a) to indicate consent or acquiescence of the removal had not been met.

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

Appeal allowed, return refused

Appeal allowed and return refused. The Lord Ordinary had erred in the exercise of his discretion with respect to the objections of the younger child.