Case Law Search

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

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

Appeal dismissed, return refused

Appeal dismissed and return refused; Article 13(1)(b) had been proved to the standard required under the Convention in light of the intervening custody order made by the authorities in the State of the children's habitual residence.

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

Appeal allowed, return ordered

Appeal allowed and return ordered; by a majority verdict the Court of Appeal found that none of the exceptions had been proved to the standard required under the Convention.

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

Return ordered

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

Return ordered

Return ordered; the retention was wrongful the child having retained his habitual residence in Germany.

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

Return ordered

Removal wrongful and return ordered; the standard of harm required under Article 13(1)(b) had not been made out.

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

Return ordered

Removal wrongful and return ordered; none of the exceptions had been proved to the standard required under the Convention.

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

Return ordered

Return ordered; the removal was wrongful and the standard of harm required under Article 13(1)(b) had not been made out.

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

Challenge to legality dismissed; the standard of harm required under Article 13(1)(b) had not been met and the return was therefore ordered.

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

Appeal dismissed, return ordered

Appeal dismissed and return ordered; the removal was wrongful as it was in breach of the father's custody rights. The standard of harm required under Article 13(1)(b) had not been made out.

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

Appeal dismissed, return refused

Appeal dismissed and return refused; while the retention of the children in Germany was wrongful, the standard of harm required under Article 13(1)(b) had been met.

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

Appeal dismissed, return ordered

Appeal dismissed; the standard required under Article 13(1)(a) to show that the father had acquiesced had not been met.

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

Appeal allowed and case remitted to the High Court for it to exercise its discretion as to whether the child should be returned to England.

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

Appeal allowed, return refused

The High Court allowed the appeal in both cases. The cases were remitted to the Full Court of the Family Court for further consideration consistent with the reasons for judgment of the High Court.

Rights of Custody - Art. 3 | Procedural Matters

Appeal allowed, return ordered

Appeal against return order dismissed; the removal was in breach of the father's rights of custody and therefore wrongful.

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

Appeal allowed, return refused

Appeal allowed and return refused; the standard required under Article 13(1)(b) to indicate that the child would face a grave risk of harm had been met.

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

Appeal allowed, return ordered

Appeal allowed, retention wrongful and return ordered; the very high standard required under Article 13(1)(b) had not been met.

Grave Risk - Art. 13(1)(b) | Undertakings | Role of the Central Authorities - Arts 6 - 10 | Procedural Matters

Voluntary return with undertakings agreed between the parties in the requesting State following direct contact between the English judge seized of the return application and the Californian judges seized of the substantive custody and criminal aspects of the case.

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

Appeal allowed, return ordered with undertakings offered

Appeal allowed and return ordered with undertakings given; the standard of proof required under Article 13(1)(a) and 13(1)(b) had not been met.

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

Appeal dismissed, return refused

Appeal dismissed and return refused; the trial court had been entitled to find that the standard required for Article 13(1)(b) had been reached.