Case Law Search

Grave Risk - Art. 13(1)(b) | Settlement of the Child - Art. 12(2) | Human Rights - Art. 20 | Procedural Matters

Return ordered

Rights of Access - Art. 21

Access ordered; the maternal grandmother possessed rights of access pursuant to the order of the Superior Court of Arizona and those rights had been breached by the father's actions.

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

Appeal allowed, return refused

Appeal allowed and return refused; the retention of the children had been wrongful, but a grave risk of harm had been proved to the standard required under the Convention.

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

Appeal allowed, return refused

Consent - Art. 13(1)(a) | Grave Risk - Art. 13(1)(b) | Objections of the Child to a Return - Art. 13(2) | Brussels IIa Regulation (Council Regulation (EC) No 2201/2003 of 27 November 2003)

Return refused

Removal wrongful but return refused; Article 13(2) had been proved to the standard required under the 1980 Hague Child Abduction Convention.

Habitual Residence - Art. 3

Appeal allowed, application dismissed

Appeal allowed and application dismissed; the removal was not wrongful as the child was not habitually resident in the Netherlands on the relevant date.

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

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 under the Convention.

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

Appeal dismissed, return refused

Appeal dismissed and return refused; the retention was wrongful but the child objected to a return and was of an appropriate age and maturity to have her views taken into account.

Grave Risk - Art. 13(1)(b) | Rights of Access - Art. 21

Access ordered; the court recognized and enforced the American access order.

Aims of the Convention - Preamble, Arts 1 and 2 | Rights of Custody - Art. 3 | Grave Risk - Art. 13(1)(b) | Undertakings | Procedural Matters

Return ordered

Return ordered; the removal was wrongful as it was in breach of the father's actually exercised rights of custody and the standard required under Article 13(1)(b) to indicate a grave risk of harm had not been met.

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

Appeal allowed, return ordered

Appeal allowed and return ordered; the removal was wrongful as it was in breach of the father's rights of custody, and none of the exceptions had been proved to the standard required under the Convention.

Rights of Access - Art. 21 | Interpretation of the Convention

Appeal dismissed; the Family Law Regulations, which give effect to rights arising under the Hague Convention, do not accord the Australian Central Authority with the power to apply for access rights to be created.

Habitual Residence - Art. 3 | Undertakings | Settlement of the Child - Art. 12(2)

Appeal allowed, return ordered with undertakings offered

Appeal dismissed and return ordered with undertakings offered; the removal was wrongful as the child was habitually resident in the United States at the relevant date.

Aims of the Convention - Preamble, Arts 1 and 2 | Habitual Residence - Art. 3 | Removal and Retention - Arts 3 and 12 | Rights of Custody - Art. 3 | Acquiescence - Art. 13(1)(a) | Grave Risk - Art. 13(1)(b) | Procedural Matters | Consent - Art. 13(1)(a)

Appeal allowed, return ordered

Appeal allowed, return ordered.

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

Return refused

Return refused; the retention was wrongful, being in breach of the mother's rights of custody, but the child had valid objections to a return.

Grave Risk - Art. 13(1)(b) | Objections of the Child to a Return - Art. 13(2) | Brussels IIa Regulation (Council Regulation (EC) No 2201/2003 of 27 November 2003)

Legal challenge dismissed; the retention was wrongful but decision to refuse to return the child on the basis of the Art. 13 exceptions upheld.

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)

Return ordered

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

European Convention on Human Rights (ECHR) | Issues Relating to Return | Procedural Matters

The European Court of Human Rights held by six votes to one that there had been a violation of Article 8 of the ECHR on account of the Italian courts' order for the child to be returned to Italy; and unanimously that there had been no violation of Article 8 on account of the mother's absence from the hearing of the Rome Youth Court. Damages were awarded to mother and child.

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

Appeal allowed, return ordered

Appeal allowed and return ordered, provided that the child was permitted to enter the United States. The retention was wrongful and none of the exceptions had been proved to the standard required by the Convention.