Case Law Search

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

Return refused

Return refused; the removal was wrongful, but, on the strength of the child's objection to a return to Germany, the court exercised its discretion under Article 13(2) not to order her return.

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

Return ordered

Return ordered; the standard required under Article 13(1)(b) to indicate that the child would face a grave risk of physical harm or an intolerable situation had not been met.

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

Return ordered with undertakings offered

Retention wrongful and return ordered with undertakings offered; harm, if any existed, would result from unsupervised access with the father, not by the children returning to Australia.

Consent - Art. 13(1)(a) | Grave Risk - Art. 13(1)(b) | Objections of the Child to a Return - Art. 13(2) | Procedural Matters | Acquiescence - Art. 13(1)(a)

Return ordered

Return ordered; the application under Article 13(1)(b) exception failed. The mother and children were sufficiently protected against harm by measures under the Convention and the laws of the American courts.

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

Return refused

Return refused; Article 13(1)(b) applied in the mother's favour. The effect of an order returning the children to the United States of America would be a serious deterioration in the mother's condition and the children would be affected accordingly.

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

Appeal dismissed, return refused

Appeal dismissed and return refused; the father's history of depression and alcoholism created a risk to the child serious enough to support a finding under Article 13(1)(b).

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

Return ordered

Return ordered; the standard required under Article 13(1)(b) to indicate the children would face a grave risk of psychological harm had not been met.

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

Return ordered

Return ordered; the standard required under Article 13(1)(b) to indicate that the child would face a grave risk of harm had not been met.

Habitual Residence - Art. 3 | Grave Risk - Art. 13(1)(b) | Interpretation of the Convention

Appeal allowed; case remitted to the District Court.

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

Appeal dismissed, return ordered

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

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

Appeal dismissed, return ordered with undertakings offered

Appeal dismissed and return ordered, undertakings offered; the standard required under Article 13(1)(b) to indicate that the children would face a grave risk of harm had not been met.

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

The Court of Appeal, in a majority ruling, held that the father had acquiesced in the removal of the children. The case was then remitted to the High Court to exercise its discretion whether or not to grant a return order.

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

Appeal dismissed, return refused

Appeal dismissed and return refused; the trial judge had been justified in finding that the standard required under Article 13(2) had been met in respect of the older boy and that the younger boy would face an intolerable situation if sent back alone.

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

The appeal as it related to the older child was dismissed. The appeal as it related to the younger child was allowed. The court ordered the return of the younger child to England, notwithstanding that the siblings would be separated.

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

Return ordered

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

Return ordered

Human Rights - Art. 20

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

Return refused

Return refused; Article 13(1)(b) had been proved to the standard required under the Convention.

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

Return ordered

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

Rights of Custody - Art. 3 | Grave Risk - Art. 13(1)(b) | Objections of the Child to a Return - Art. 13(2)

Return ordered

Return ordered; the children objected to a return, but in exercising its subsequent discretion the court found that there was simply so much in dispute and so much that required resolution that the appropriate forum for the substantive custody proceedings was South Africa.