Case Law Search

Acquiescence - Art. 13(1)(a) | Undertakings

Appeal allowed, return ordered with undertakings offered

Appeal allowed and return ordered with undertakings offered; the father had not acquiesced in terms of Article 13(1)(a).

Rights of Custody - Art. 3 | Interpretation of the Convention

Appeal dismissed, refusal of Article 15 declaration confirmed

Appeal dismissed; the removal was not wrongful as the father did not enjoy any legal rights of custody.

Habitual Residence - Art. 3 | Jurisdiction Issues - Art. 16 | Procedural Matters

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

Appeal dismissed, return ordered

Appeal dismissed, return upheld. The removal was wrongful and there had been no consent to the removal.

Rights of Custody - Art. 3

Appeal dismissed, return ordered

Appeal dismissed and return ordered; the removal breached the mother's rights of custody and was therefore wrongful.

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

Appeal allowed, return ordered

Appeal allowed and return ordered; the Convention was applicable and the retention was wrongful while Article 13(2) had not been proved to the standard required.

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

Challenge to legality dismissed; while the return proceedings were pending, the authorities in the children's State of habitual residence had granted the mother custody.

Removal and Retention - Arts 3 and 12

Appeal allowed and decision of the Appeal Court annulled and case remitted so that a new ruling be rendered on the issue of return in light of the decision of the Cour de Cassation.

Rights of Custody - Art. 3

Appeal dismissed, return refused

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

Acquiescence - Art. 13(1)(a)

Appeal allowed, return refused

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

Appeal allowed, return ordered

Habitual Residence - Art. 3

Case remitted to lower court

Removal and Retention - Arts 3 and 12 | Interpretation of the Convention | Procedural Matters

Appeal dismissed, return ordered

Appeal dismissed, return ordered. 

Habitual Residence - Art. 3

Rights of Custody - Art. 3

Appeal allowed; the decisions on the merits were quashed and the case referred back to the court of first instance for it to rule on the father's application in accordance with the Hague Convention and the principles set down by the Supreme Court in the case at hand. The removal was wrongful under the terms of Article 3.

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

Appeal allowed, return ordered

Appeal allowed, return ordered; the removal was wrongful and the grave risk of harm envisaged by Art. 13 (1)(b) was not proved.

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.

Human Rights - Art. 20

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

Rights of Custody - Art. 3

Appeal allowed, quashing and annulment of the ruling dismissing the application for the children's return and referral of the case to the Paris Court of Appeal to act upon the return application in the light of the Supreme Court's ruling.