Case Law Search

Removal and Retention - Arts 3 and 12 | Grave Risk - Art. 13(1)(b) | Objections of the Child to a Return - Art. 13(2)

Appeal allowed, return refused

Appeal upheld and return refused; the retention was wrongful, but a return to Germany would expose the children to a grave risk of physical, and most importantly, psychological harm.  In addition, it was proven that the children, who possessed the necessary age and maturity, objected to being returned to Germany.

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

Appeal allowed, application dismissed

Appeal allowed and application dismissed; the retention was not wrongful as the child had remained habitually resident in the United States of America, and, the mother had consented to the Texas court's final resolution of the issue of custody.

Aims of the Convention - Preamble, Arts 1 and 2 | Removal and Retention - Arts 3 and 12 | Grave Risk - Art. 13(1)(b) | Human Rights - Art. 20

Appeal dismissed, return ordered

Appeal dismissed and return ordered; removal wrongful and neither the Article 13(1)(b) nor Article 20 exception had been proved to the standard required under the 1980 Hague Child Abduction Convention.

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

Return ordered

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

Article 15 declaration granted

Habitual Residence - Art. 3 | Issues Relating to Return | Procedural Matters

Return ordered

Return ordered; the conditions for application of the Convention were met and the mother had not put forward any grounds for exception.

Aims of the Convention - Preamble, Arts 1 and 2 | Habitual Residence - Art. 3 | Rights of Custody - Art. 3 | Procedural Matters

Appeal dismissed, return refused

Appeal dismissed; return denied. The mother had obtained provisional custody of the child pursuant to a Spanish decision.

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 retention was wrongful and none of the exceptions raised was applicable.

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

Appeal allowed, return refused

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

Appeal dismissed, return refused

Consent - Art. 13(1)(a) | Acquiescence - Art. 13(1)(a) | Grave Risk - Art. 13(1)(b) | Issues Relating to Return

Removal wrongful and return would be ordered once suitable practical arrangements had been put in place; none of the exceptions had been proved to the standard required under the Convention.

Removal and Retention - Arts 3 and 12 | Acquiescence - Art. 13(1)(a) | Objections of the Child to a Return - Art. 13(2)

Appeal dismissed, return ordered

Appeal dismissed and return ordered; retention wrongful and none of the exceptions proved to the standard required under the 1980 Hague Child Abduction Convention.

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

Return ordered

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

Appeal dismissed, return ordered

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

Cross-appeal allowed in part and return refused; the standard had been met to show that the children would face a grave risk of harm if returned and the return petition could not be re-activated.

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

Appeal dismissed, return ordered

1 child removed at age 3 years  ― National of Canada and Japan ― Married parents ― Father and Mother married in Canada in 2009 and living there ― Joint custody at the time of wrongful retention ― Child lived in Canada until July 2013 ― Mother removed the child to Japan with Father’s consent ― A wrongful retention of the child after the entry into force of the Convention between Canada and Japan on 1 April 2014  ― Application for return filed with the courts of Japan in March 2015 ― Appeal dismissed and return ordered ― Main issues: Article 3 Habitual residence of the child ― The initial time of the wrongful retention ― Article 13(1)(a) Prior consent or subsequent approval by the father ― Abuse of rights by the father.

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

Return ordered

The court ordered the return of the child to Armenia within four weeks.

Habitual Residence - Art. 3

Return ordered

The court ordered the return of the child to the United States to the district of the court competent for the father's place of residence within two weeks of the decision taking effect.

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

Application dismissed

The Court dismissed the return application.

Aims of the Convention - Preamble, Arts 1 and 2 | Habitual Residence - Art. 3 | Article 15 Decision or Determination | Procedural Matters | Brussels IIa Regulation (Council Regulation (EC) No 2201/2003 of 27 November 2003)

Appeal allowed, application dismissed