Case Law Search

Rights of Custody - Art. 3

Appeal allowed, return ordered

Appeal allowed and return ordered. The removal was wrongful as it was rendered without knowledge of the father's right to custody.

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

Return refused

Application dismissed the removal was not deemed to have been in breach of actually exercised rights of custody.

European Convention on Human Rights (ECHR) | Procedural Matters

By a majority the Court declared the application to be inadmissible, on the basis of it being manifestly ill-founded; the Turkish authorities had not disregarded their obligations under Article 6 of the ECHR (right to fair trial) or violated the right to respect for family life guaranteed under Article 8 of the ECHR.

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

Appeal dismissed, return refused

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

Appeal dismissed, return ordered

Appeal dismissed and return ordered; a grave risk of harm for the purposes of Article 13(1)(b) had not been established to the standard required by the Convention.

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

Appeal dismissed, return ordered

Appeal allowed and return ordered; the removal 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 | Objections of the Child to a Return - Art. 13(2) | Settlement of the Child - Art. 12(2) | Issues Relating to Return

Appeal dismissed, return ordered

Appeal dismissed and return ordered; the removal was wrongful and none of the exceptions had been proved to the standard required under the Convention.

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

Return ordered

Return ordered; the retention was wrongful and 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)

Return ordered

Return ordered; the removal was wrongful having breached rights of custody held by the father, the mother failed to establish that the child if returned would be exposed to a grave risk of harm.

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; the trial judge had erred in his interpretation of Article 13(2). Reassessing the nature of the objections of the eldest child the Inner House concluded that they were not of sufficient weight to activate the exception. The eldest child being returned the younger siblings would therefore be returned also.

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

Return ordered

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

Return ordered

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

Appeal allowed, return ordered

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

Removal and Retention - Arts 3 and 12

Return ordered

The father's appeal was dismissed and the daughter's return ordered. The mother's appeal was dismissed and the son's return refused at this time.

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

Appeal allowed, return ordered

Appeal allowed and return ordered. The removal and retention of the child in Uruguay was considered wrongful.

European Convention on Human Rights (ECHR) | Procedural Matters

Application dismissed

Application dismissed; in an unanimous ruling, the Chamber ruled that there had not been a breach of the father and children's right to family life under Article 8 of the ECHR.

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

Appeal dismissed, return ordered

The court dismissed the appeal and ordered the return of the children.

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

Return ordered subject to undertakings

The judge ordered the return of the child but stated that the order would not take effect until protective measures had been put in place in the Netherlands.

Interpretation of 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

The judge ordered that the children should be returned to Quebec within 14 days.