Case Law Search

Aims of the Convention - Preamble, Arts 1 and 2 | Habitual Residence - Art. 3

Appeal dismissed, return ordered

Appeal dismissed and return ordered; the mother's constitutional rights had not been violated by the application of the Convention, nor had the lower courts erred in their application of the Convention: the retention was wrongful and none of the exceptions had been proved to the standard required.

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.

Rights of Custody - Art. 3 | Grave Risk - Art. 13(1)(b) | Undertakings | Human Rights - Art. 20 | Procedural Matters

Appeal allowed, return ordered subject to undertakings

Appeal upheld in part, return ordered subject to undertakings / a mirror order being entered in the Supreme Court of British Columbia. The retention was wrongful and the standard of harm required under Article 13(1)(b) had not been made out. Furthermore, the Convention was found to be consistent with the South African Constitution.

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

Challenge to legality dismissed; the retention was wrongful and the standard of harm required under Article 13(1)(b) had not been made out.

Grave Risk - Art. 13(1)(b)

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

Appeal dismissed, return refused

Appeal dismissed and return refused; the retention was wrongful but the conditions for application of the exception of Article 13(1)(b) were met.

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

Appeal dismissed, return ordered

Challenge rejected and return order confirmed. The removal was wrongful and the court of appeal had correctly found the Article 13 exceptions to be inapplicable.

Human Rights - Art. 20

Appeal allowed; the decision of the court of appeal was wrong in law and quashed. The return application was remitted to a lower court for re-hearing.

Grave Risk - Art. 13(1)(b)

Return refused

Challenge to legality dismissed; the removal was wrongful but Article 13(1)(b) had been proved to the standard required under the Convention.

Grave Risk - Art. 13(1)(b)

Challenge to legality dismissed; the standard required to show the child would face a grave risk of psychological harm under Article 13(1)(b) had been met and the return was therefore refused.

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

Appeal dismissed, return ordered

Appeal dismissed and return ordered; the removal was wrongful and the standard required under Article 13(1)(b) to indicate that the child would face a grave risk of psychological harm had not been met.

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

Appeal dismissed, return ordered

Grave Risk - Art. 13(1)(b)

Challenge against the legality of the appellate judgment dismissed and return order confirmed; the retention was wrongful and Article 13(1)(b) had not been made out to the standard required under the Convention.

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

Appeal allowed, return ordered

Return ordered; the "grave risk of harm" exception had not been established.

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

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

Judgment vacated and case remanded to the United States Court of Appeals for the Eleventh Circuit for further proceedings; the return of the child to Scotland did not render the case moot; there was a live dispute between the parties over where the child should be raised, and a possibility of effectual relief for the prevailing parent.

Grave Risk - Art. 13(1)(b)

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.

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

Appeal allowed, return ordered

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.