Case Law Search

Rights of Custody - Art. 3

Appeal allowed, return ordered

Appeal allowed and return ordered. The removal was wrongful as it was rendered without knowledge of the father's right to custody.

Rights of Custody - Art. 3 | Grave Risk - Art. 13(1)(b) | Issues Relating to Return

Return refused

Application dismissed the removal was not deemed to have been in breach of actually exercised rights of custody.

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

Appeal dismissed, application dismissed

Appeal dismissed and application dismissed; the child had become habitually resident in the United States at the time of the retention, therefore the latter action was not wrongful.

Habitual Residence - Art. 3 | Rights of Custody - Art. 3 | Brussels IIa Regulation (Council Regulation (EC) No 2201/2003 of 27 November 2003)

Preliminary Ruling issued, case remitted to United Kingdom (England & Wales) courts.

Acquiescence - Art. 13(1)(a)

Appeal allowed, return refused

Habitual Residence - Art. 3

Application dismissed

Application dismissed; the child's habitual residence was in Israel at the date of the removal and so the Convention did not apply.

Rights of Custody - Art. 3

Appeal dismissed, return refused

Rights of Custody - Art. 3 | Human Rights - Art. 20 | Procedural Matters

Appeal allowed, return ordered

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

Appeal dismissed, return refused

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

Appeal dismissed, return ordered

Appeal dismissed and return ordered; a grave risk of harm for the purposes of Article 13(1)(b) had not been established to the standard required by the Convention.

Habitual Residence - Art. 3 | Rights of Custody - Art. 3 | Acquiescence - Art. 13(1)(a) | Grave Risk - Art. 13(1)(b) | Undertakings | Issues Relating to Return

Rights of Custody - Art. 3 | Grave Risk - Art. 13(1)(b) | Undertakings | Issues Relating to Return | Procedural Matters

Appeal dismissed, return ordered

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

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

Return ordered

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

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

Appeal dismissed, return ordered

Appeal dismissed and return ordered; the child was habitually resident in England at the time of the removal.

Habitual Residence - Art. 3 | Procedural Matters

Appeal dismissed, return ordered

Appeal dismissed and return order confirmed; the child was habitually resident in Canada at the relevant date making her removal wrongful.

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

Return ordered

Return ordered; the removal was wrongful having breached rights of custody held by the father, the mother failed to establish that the child if returned would be exposed to a grave risk of harm.

Human Rights - Art. 20

Legal challenge rejected; the removal was wrongful and Article 20 was inapplicable.

Removal and Retention - Arts 3 and 12 | Rights of Custody - Art. 3 | Article 15 Decision or Determination

Appeal allowed, refusal of Article 15 declaration overturned

Appeal allowed and Article 15 declaration granted; the removal of the children had been in breach of actually exercised rights of custody and was therefore wrongful.

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

Application dismissed

Application dismissed; the children were habitually resident in Israel at the date of the alleged wrongful retention.

Aims of the Convention - Preamble, Arts 1 and 2 | Grave Risk - Art. 13(1)(b) | Procedural Matters

Legal challenge upheld and new order issued for the child to be returned; the removal was wrongful and the conditions necessary for the application of Article 13(1)(b) of the 1980 Hague Child Abduction Convention had not been met.