Case Law Search

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

Appeal allowed, return refused

Appeal upheld and return refused; the retention was wrongful, but a return to Germany would expose the children to a grave risk of physical, and most importantly, psychological harm.  In addition, it was proven that the children, who possessed the necessary age and maturity, objected to being returned to Germany.

Aims of the Convention - Preamble, Arts 1 and 2 | Removal and Retention - Arts 3 and 12 | Grave Risk - Art. 13(1)(b) | Human Rights - Art. 20

Appeal dismissed, return ordered

Appeal dismissed and return ordered; removal wrongful and neither the Article 13(1)(b) nor Article 20 exception had been proved to the standard required under the 1980 Hague Child Abduction Convention.

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

Appeal dismissed, return refused

Appeal dismissed and return refused; the removal was wrongful but the trial judge had been correct in finding a grave risk of psychological harm to have been established to the standard required under Article 13(1)(b) of the Hague Convention and that adequate arrangement could not have been made to secure the protection of the children after their return to Greece pursuant to Article 11(4) of Brussels II a Regulation (Council Regulation (EC) No 2201/2003 of 27 November 2003).

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

Appeal dismissed, return refused

Appeal dismissed; return denied. The mother had obtained provisional custody of the child pursuant to a Spanish decision.

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

Appeal allowed, return ordered

Appeal allowed and return ordered. The retention was wrongful and none of the exceptions raised was applicable.

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

Appeal allowed, return refused

Consent - Art. 13(1)(a) | Acquiescence - Art. 13(1)(a) | Grave Risk - Art. 13(1)(b) | Issues Relating to Return

Removal wrongful and return would be ordered once suitable practical arrangements had been put in place; none of the exceptions had been proved to the standard required under the Convention.

Acquiescence - Art. 13(1)(a) | Grave Risk - Art. 13(1)(b) | Brussels IIa Regulation (Council Regulation (EC) No 2201/2003 of 27 November 2003)

Return ordered

Rights of Custody - Art. 3 | Consent - Art. 13(1)(a) | Acquiescence - Art. 13(1)(a) | Grave Risk - Art. 13(1)(b) | Procedural Matters | Brussels IIa Regulation (Council Regulation (EC) No 2201/2003 of 27 November 2003)

Appeal dismissed, return ordered

Procedural Matters

Appeal dismissed, return ordered

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

Cross-appeal allowed in part and return refused; the standard had been met to show that the children would face a grave risk of harm if returned and the return petition could not be re-activated.

Habitual Residence - Art. 3 | Removal and Retention - Arts 3 and 12 | Consent - Art. 13(1)(a) | Non-Convention Issues | Grave Risk - Art. 13(1)(b)

Appeal dismissed, return ordered

1 child removed at age 3 years  ― National of Canada and Japan ― Married parents ― Father and Mother married in Canada in 2009 and living there ― Joint custody at the time of wrongful retention ― Child lived in Canada until July 2013 ― Mother removed the child to Japan with Father’s consent ― A wrongful retention of the child after the entry into force of the Convention between Canada and Japan on 1 April 2014  ― Application for return filed with the courts of Japan in March 2015 ― Appeal dismissed and return ordered ― Main issues: Article 3 Habitual residence of the child ― The initial time of the wrongful retention ― Article 13(1)(a) Prior consent or subsequent approval by the father ― Abuse of rights by the father.

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

Return ordered

The court ordered the return of the child to Armenia within four weeks.

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

Return refused

The court refused to order the return of the children. The Article 13(1)(b) exception had been made out and there would be a grave risk of harm to the children if they were returned.

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

Application dismissed

The Court dismissed the return application.

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

Return ordered

The Court found that the retention of the children in South Africa was wrongful and ordered their return to New Zealand.

Return ordered

One child wrongfully retained at age 4 – Separated parents – Father national of Australia – Mother national of United Kingdom – Joint custody rights – Child lived in Australia until August 2019 – Application for return filed in November 2019 – Return ordered  – Main issue: COVID-19 – due to the current travel restrictions in the UK and in Australia, a date would be fixed for the protective measures to be in place and a date thereafter for the child to return.

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

Appeal dismissed, return ordered with undertakings offered

The Court dismissed the appeal and ordered the return of the child: the habitual residence of the child was in the United States, the retention was wrongful and none of the exceptions had been proved to the standard required under the Convention.

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

Return refused

Return refused; the removal was wrongful, but there was a grave risk that a return would expose the child to psychological harm and place him in an intolerable situation.

Removal and Retention - Arts 3 and 12 | Rights of Custody - Art. 3

Return ordered

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