Case Law Search

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

Appeal dismissed, return ordered

Appeal dismissed and return ordered; removal wrongful but Article 13(1)(b) had not been proved to the standard required under the Convention.

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

Appeal dismissed, return ordered

Appeal dismissed and return ordered; the retention was wrongful and Art 13(1)(b) had not been proved to the standard required under the 1980 Hague Child Abduction Convention.

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

Return ordered

Appeal allowed, return ordered. The removal to Panama was considered wrongful and the grave risk exception of Article 13(1)(b) raised by the mother was not established.

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

Legal challenge dismissed and decision refusing to return the child to Germany confirmed. The removal had been wrongful but Article 13(1)(b) had been proved to the standard required under the Convention.

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

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

Appeal dismissed, return refused

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)

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

Removal and Retention - Arts 3 and 12 | Grave Risk - Art. 13(1)(b) | Settlement of the Child - Art. 12(2) | Human Rights - Art. 20 | Procedural Matters

Legal challenge dismissed and return order confirmed; the retention was wrongful and the conditions necessary for the application of Article 13(1)(b) and Article 20 of the 1980 Hague Child Abduction Convention had not been met.

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

Appeal allowed, return ordered

Habitual Residence - Art. 3 | Rights of Custody - Art. 3 | Grave Risk - Art. 13(1)(b) | Issues Relating to Return | Procedural Matters

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

Appeal dismissed; the Court of Appeal had rightly found the children's retention to be wrongful and the exceptions inapplicable.

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

Appeal dismissed, return ordered

Appeal dismissed and return order upheld; the retention was wrongful the child being habitually resident in France at the relevant date, and none of the exceptions had been established to the standard required under the Hague Convention.

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

Appeal allowed, the exception of grave risk was inapplicable; case returned to the Superior Court of the canton of Lucerne for a ruling on the terms of the return to Burkina Faso.

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

Appeal dismissed, return ordered

Appeal dismissed and return ordered; the removal was wrongful and Article 13(1)(b) had not been proved to the standard required under the Convention.

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

Appeal allowed, return ordered

Appeal allowed, return ordered. The removal was wrongful and the exception asserted inapplicable.

Issues Relating to Return | Procedural Matters

Appeal inadmissible; the appeal did not raise a substantial legal issue.

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

Appeal allowed, case referred to the lower court. If the court in the State of refuge contemplates denying return of the child (or its enforcement) owing to a grave risk of danger, it is a prior requirement to ascertain sua sponte that the necessary protective measures to make the return possible could not be taken.

Grave Risk - Art. 13(1)(b) | Non-Convention Issues

Appeal allowed, return refused

Appeal allowed. The Court set aside the order for return and dismissed the father’s application under the 1980 Hague Convention.

Settlement of the Child - Art. 12(2) | Grave Risk - Art. 13(1)(b)

Return ordered

Return ordered. The child was not settled in the UK, within the meaning of Article 12(2), nor was there a grave risk of harm to the child on return to Portugal within the meaning of Article 13(1)(b).