Case Law Search

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

Appeal dismissed, return refused

Removal and Retention - Arts 3 and 12 | Consent - Art. 13(1)(a) | Acquiescence - Art. 13(1)(a) | Issues Relating to Return

Return ordered

Retention wrongful and return ordered, subject to conditions; none of the exceptions had been proved to the standard required under the Convention.

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

Return refused

Retention wrongful but return refused in the light of the child's objections.

Habitual Residence - Art. 3

Appeal dismissed, application dismissed

Appeal dismissed and return application dismissed; the retention was not wrongful as the children never acquired a habitual residence in Germany.

Habitual Residence - Art. 3

Appeal dismissed, application dismissed

Appeal dismissed and application dismissed; the Convention was not applicable as the children had never lost their habitual residence in the United States during their two year ten month stay in Mexico.

Removal and Retention - Arts 3 and 12 | Procedural Matters

Return ordered; appeal on Convention issues dismissed and appeal on costs order allowed.

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

Return ordered

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

Return refused

Retention wrongful but return refused; the boy was habitually resident in Ireland at the time of the retention, but his objections to a return were sufficiently cogent that the trial judge exercised her discretion not to make a return order.

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

Appeal allowed, return refused

Procedural Matters

Habitual Residence - Art. 3 | Rights of Custody - Art. 3 | 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 none of the exceptions had been proved to the standard required under the Convention.

Aims of the Convention - Preamble, Arts 1 and 2 | Rights of Custody - Art. 3 | Consent - Art. 13(1)(a) | Grave Risk - Art. 13(1)(b) | Procedural Matters | Objections of the Child to a Return - Art. 13(2)

Appeal allowed, return ordered

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

Habitual Residence - Art. 3 | Rights of Custody - Art. 3 | Acquiescence - Art. 13(1)(a)

Appeal dismissed, return refused

Consent - Art. 13(1)(a)

Appeal dismissed, application dismissed

Rights of Custody - Art. 3 | Grave Risk - Art. 13(1)(b) | Objections of the Child to a Return - Art. 13(2) | Human Rights - Art. 20 | Issues Relating to Return

Return ordered

Removal wrongful and return ordered to a Member State other than the State of the child's habitual residence; none of the exceptions had been proved to the standard required under the Convention.

Aims of the Convention - Preamble, Arts 1 and 2 | Habitual Residence - Art. 3 | Rights of Custody - Art. 3 | Acquiescence - Art. 13(1)(a) | Grave Risk - Art. 13(1)(b) | Removal and Retention - Arts 3 and 12

Return ordered

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

Return ordered

Return ordered; the removal was wrongful and no exception had been established.

Habitual Residence - Art. 3

Return ordered

Return ordered; the removal was wrongful, the children being habitually resident in Germany at the time they were taken.

Habitual Residence - Art. 3

Appeal dismissed, return ordered

Appeal dismissed and return ordered; the children were habitually resident in Germany at the time of the removal, albeit the primary reasoning of the trial court was not followed.

Rights of Custody - Art. 3

Appeal dismissed, application dismissed

Appeal dismissed, application dismissed; the father's right to veto the removal of his child from Chile, under court order and Chilean statute did not afford him a custodial right and thereby a remedy for the purposes of the Convention.