Case Law Search

Aims of the Convention - Preamble, Arts 1 and 2 | Rights of Custody - Art. 3 | Acquiescence - Art. 13(1)(a) | Grave Risk - Art. 13(1)(b)

Appeal allowed, return ordered

Appeal allowed and return ordered; the removal was wrongful as it was in breach of the father's rights of custody, 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) | Procedural Matters

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.

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

Challenge to legality dismissed; 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

Return refused

Return refused; the removal was wrongful but the standard required under Article 13(1)(b) to indicate that the child would face a grave risk of psychological harm had been met.

Grave Risk - Art. 13(1)(b) | Undertakings | Objections of the Child to a Return - Art. 13(2) | 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 psychological harm had not been met.

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

Return ordered

Return ordered; the retention was wrongful and neither Article 13(1)(b) nor Article 13(2) had been proved to the standard required under the Convention.

Settlement of the Child - Art. 12(2)

Return refused

Return refused; the child was now settled in her new environment, per Article 12(2).

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)

Return ordered

Return ordered; the removal was wrongful and neither Article 13(1)(b) nor Article 13(2) had been proved to the standard required under the Convention.

Habitual Residence - Art. 3 | Undertakings | Settlement of the Child - Art. 12(2)

Appeal allowed, return ordered with undertakings offered

Appeal dismissed and return ordered with undertakings offered; the removal was wrongful as the child was habitually resident in the United States at the relevant date.

Procedural Matters

Application dismissed

Return application struck out; the applicant had failed to conduct the proceedings with proper diligence and speed.

Rights of Custody - Art. 3 | Procedural Matters

Return ordered

Return ordered; the removal of the child was wrongful as the mother was in breach of her own rights of custody.

Habitual Residence - Art. 3

Application dismissed

Return refused; the child was not habitually resident in Greece at the relevant date.

Habitual Residence - Art. 3 | Procedural Matters

Application dismissed

Application dismissed; the child was habitually resident in England at the relevant date.

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

Return refused

Return refused; the removal was wrongful but the standard required under Article 13(1)(a) had been met to indicate that the father had acquiesced.

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

Return refused

Return refused; the removal was wrongful, but the court exercised its discretion under Article 13(2) not to make a return order.

Rights of Custody - Art. 3

Article 15 declaration refused

Article 15 declaration refused; no rights of custody had been breached when the children were removed.

Rights of Custody - Art. 3 | Interpretation of the Convention

Appeal dismissed, return ordered

Appeal dismissed and return ordered; the Irish court held rights of custody in respect of the child and the father was allowed to rely on those rights in making a return application under the Convention.

Habitual Residence - Art. 3

Appeal dismissed, return refused

Appeal dismissed and return refused; there was no wrongful retention for the girls were not habitually resident in Finland at the relevant date.

Rights of Custody - Art. 3 | Acquiescence - Art. 13(1)(a) | Settlement of the Child - Art. 12(2)

Return ordered

Return ordered; the removal of the child was wrongful, and neither Article 12(2) nor Article 13(1)(a) had been proved to the standard required under the Convention.

Rights of Custody - Art. 3 | Interpretation of the Convention

Application dismissed

Application dismissed; the applicant father did not have rights of custody.