Case Law Search

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

Return ordered

Return ordered; the standard required under Article 13(1)(b) to indicate that the child would face a grave risk of harm had not been met.

Rights of Custody - Art. 3 | Settlement of the Child - Art. 12(2)

Appeal dismissed, return ordered with undertakings offered

Appeal dismissed and return ordered; the standard required under Article 12(2) had not been met.

Removal and Retention - Arts 3 and 12

Application dismissed

Appeal dismissed as the Convention had not entered into effect between the United Kingdom and Ontario at the relevant date.

Procedural Matters | Interpretation of the Convention

A direction was given that the Spanish Central Authority should be informed of the facts of the case. A further direction was given that the father should be advised of his Convention rights.

Habitual Residence - Art. 3 | Procedural Matters

Appeal dismissed, return ordered

Appeal dismissed and return ordered; the child was habitually resident in Mexico at the moment of the retention.

Habitual Residence - Art. 3 | Grave Risk - Art. 13(1)(b) | Interpretation of the Convention

Appeal allowed; case remitted to the District Court.

Habitual Residence - Art. 3 | Human Rights - Art. 20 | Issues Relating to Return

Appeal dismissed, return ordered

Appeal dismissed and return ordered; the child's place of habitual residence prior to the wrongful retention was Italy. The standard required under Article 20 had not been met.

Acquiescence - Art. 13(1)(a) | Procedural Matters

Return ordered

Return ordered; the actions of the father were insufficient to meet the standard required under Art. 13(1)(a) to show acquiescence.

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

Return refused

Return refused; the retention of the child was wrongful but that the father had acquiesced in terms of Article 13(1)(a). The court exercised its discretion not to order the return of the child.

Habitual Residence - Art. 3 | Acquiescence - Art. 13(1)(a) | Procedural Matters

Appeal dismissed, return ordered

Appeal dismissed and return ordered; the child had acquired a habitual residence in Australia at the time of the removal. The court further found that the mother had not acquiesced in the removal.

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

Article 15 declaration granted

Article 15 declaration granted; the retention was wrongful for it was in breach of rights of custody vested in the English court.

Habitual Residence - Art. 3

Appeal dismissed, application dismissed

Appeal dismissed and application dismissed; the child lost his Australian habitual residence upon leaving that State for the parents had agreed that the child should relocate to the United Kingdom. Consequently the child was not wrongfully retained in Scotland once the mother changed her mind about the relocation.

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

Appeal dismissed, return ordered

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

Return ordered

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

Return ordered

Grave Risk - Art. 13(1)(b) | Issues Relating to Return | Procedural Matters

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 children objected to a return, but in exercising its subsequent discretion the court found that there was simply so much in dispute and so much that required resolution that the appropriate forum for the substantive custody proceedings was South Africa.

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

Return ordered

Return ordered: the removal was wrongful, being in breach of actually exercised rights of custody, 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) | Objections of the Child to a Return - Art. 13(2) | Procedural Matters

Appeal allowed, return ordered

Appeal allowed and return ordered; the court found the father had a right of veto over the removal of the child from the jurisdiction and given that he was exercising his access rights it was ruled that he would have exercised this custodial right had it not been for the unilateral nature of the removal. Consequently the removal of the child was wrongful.

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

Return ordered

Removal wrongful and return ordered; the child was habitually resident in Israel at the date of the removal and a grave risk of harm under Article 13(1)(b) had not been proved to the standard required under the Convention.