Case Law Search

Acquiescence - Art. 13(1)(a)

Appeal allowed, return refused

Appeal allowed and return refused; the father had acquiesced in the retention in the terms of Article 13(1)(a).

Rights of Custody - Art. 3

Appeal dismissed, return ordered

Appeal dismissed and return ordered; the Norwegian Social Authorities had rights amounting to custody rights that had been breached by the mother's removal of the child.

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

Appeal dismissed, refusal of Article 15 declaration confirmed

Appeal dismissed; the removal was not wrongful as the father did not enjoy any legal rights of custody.

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

Application dismissed

Return refused; the removal was not wrongful as the father was not actually exercising his rights of custody.

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

Application dismissed

Application dismissed; the removal was not wrongful as the children had not acquired a habitual residence in Spain at the relevant date.

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

Appeal dismissed, return ordered

Appeal dismissed insofar as the court found that the standard required under Article 13(1)(b) had not been met. However, the court ruled that the award of expenses should be reduced.

Habitual Residence - Art. 3 | Rights of Custody - Art. 3 | Undertakings

Return ordered with undertakings offered

Return ordered and undertakings volunteered; the removal of the child was wrongful.

Application dismissed

Application dismissed; the child was no longer habitually resident in Germany at the relevant date.

Application dismissed

Application dismissed; the child was not habitually resident in Germany at the relevant date.

Habitual Residence - Art. 3

Application dismissed

Application dismised; the children were not habitually resident in Israel at the relevant date.

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

Return ordered

Application for review dismissed and return ordered; the mother's removal of the child from England was wrongful as the child was habitually resident in England at the relevant date and the father was exercising his custody rights.

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

Return ordered with undertakings offered

Return ordered with undertakings offered; the child was habitually resident in England at the relevant date.

Rights of Custody - Art. 3

Article 15 declaration granted

Declaration granted that the removal was wrongful, being in breach of custody rights held by the court.

Habitual Residence - Art. 3

Application dismissed

Application dismissed; the children were not habitually resident in Canada at the relevant date.

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

Return ordered

Retention wrongful and return ordered; the standard required under Article 13(2) to show that the child objected to a return had not been met.

Settlement of the Child - Art. 12(2)

Return ordered

Removal wrongful and return ordered; the standard required under Article 12(2) to show that the children were settled in their new environment had not been made out.

Rights of Custody - 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 standard required under Articles 13(1)(a), 13(1)(b) and 13(2) had not been met.

Acquiescence - Art. 13(1)(a) | Undertakings

Appeal allowed, return ordered with undertakings offered

Appeal allowed and return ordered with undertakings offered; the father had not acquiesced in terms of Article 13(1)(a).

Removal and Retention - Arts 3 and 12 | Objections of the Child to a Return - Art. 13(2) | Procedural Matters

Return refused

Return refused; the removal was wrongful, but, on the strength of the child's objection to a return to Germany, the court exercised its discretion under Article 13(2) not to order her return.

Aims of the Convention - Preamble, Arts 1 and 2 | Habitual Residence - Art. 3 | Acquiescence - Art. 13(1)(a) | Interpretation of the Convention

Application dismissed

Application dismissed; the children were habitually resident in Australia on the relevant date.