Case Law Search

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

Return ordered

The Court found that the retention of the children in South Africa was wrongful and ordered their return to New Zealand.

Habitual Residence - Art. 3

Case remitted to lower court

One child allegedly wrongfully retained at age one month – Married parents – Father national of Greece – Mother national of Switzerland – Child was born in Greece and went to France when he was one month old  – Case remitted to lower court – Main issue: Article 3 – habitual residence of an infant. Given the very young age of the child and the circumstances in which he arrived in France at only one month old and the fact that he has stayed there since with his mother, it was the responsibility of the judges in the lower courts to see if his social and family environment, and so the centre of his life, was in France, notwithstanding the initial intention of the parents regarding the return of the mother and child to Greece after their stay in France.

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

Appeal dismissed, return ordered with undertakings offered

The Court dismissed the appeal and ordered the return of the child: the habitual residence of the child was in the United States, the retention 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 | Grave Risk - Art. 13(1)(b)

Return refused

Return refused; the removal was wrongful, but there was a grave risk that a return would expose the child to psychological harm and place him in an intolerable situation.

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

Return ordered

Return ordered; the retention was wrongful and none of the exceptions had been proved to the standard required under the Convention.

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

Appeal dismissed, return ordered

Appeal dismissed and return order upheld; the removal was wrongful and none of the exceptions were applicable.

Removal and Retention - Arts 3 and 12

Application dismissed

Application dismissed; the removal was not wrongful.

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

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

Appeal dismissed, return ordered

Appeal dismissed and return ordered.  The removal was wrongful; the children were habitually resident in Spain on the relevant date and consent had not been established.

Habitual Residence - Art. 3

Return refused

1 child allegedly wrongfully retained at age 2 – National of Norway and USA – Married parents– Father national of USA – Mother national of Norway – Parents exercised joint rights of custody – Child lived in USA until 2010 – Application for return filed with the Central Authority of Norway in December 2011 –Return refused – Main issue: Article 3 – The father had consented to the change of habitual residence of the child

Habitual Residence - Art. 3 | Procedural Matters

Appeal dismissed, application dismissed

Appeal dismissed and thereby application dismissed; the child was not habitually resident in Italy on the date the removal took place.

Acquiescence - Art. 13(1)(a) | Grave Risk - Art. 13(1)(b) | Objections of the Child to a Return - Art. 13(2) | Settlement of the Child - Art. 12(2)

Return ordered

Rights of Custody - Art. 3 | Grave Risk - Art. 13(1)(b) | Objections of the Child to a Return - Art. 13(2) | Settlement of the Child - Art. 12(2)

Return refused

Return refused; the removal was wrongful, being in breach of the father's rights of custody, but the older siblings had valid objections to a return and the children would face a grave risk of harm if separated.

Removal and Retention - Arts 3 and 12 | Settlement of the Child - Art. 12(2)

Appeal dismissed, return refused

Appeal dismissed and return refused: the removal was wrongful, but Article 12(2) had been proved to the standard required under the Convention.

Rights of Custody - Art. 3 | Issues Relating to Return | Procedural Matters

Breach of Articles 6 and 8 of the ECHR, award of damages. In merely representing the father before the local courts the Romanian authorities had failed to observe their full obligations under Article 7 of the Hague Convention. The erroneous interpretation of Article 3 of the Hague Convention and thereby the guarantees of that instrument led to a violation of Article 8 of the ECHR.

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

Appeal dismissed, return ordered

Human Rights - Art. 20

Appeal inadmissible for being manifestly unfounded. None of Arts. 3, 12, 13(1)(b) and 14 is inconsistent with the German Constitution, and neither their interpretation nor their application by the Court of Appeal was inconsistent with the Constitution.

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

Appeal dismissed, return ordered

Appeal dismissed and return ordered; the retention was wrongful and none of the exceptions had been proved to the standard required by the Convention.

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

Return ordered

Rights of Custody - Art. 3 | Grave Risk - Art. 13(1)(b) | Objections of the Child to a Return - Art. 13(2) | Procedural Matters

Return ordered