Case Law Search

Grave Risk - Art. 13(1)(b) | Procedural Matters

Appeal dismissed, return refused

Appeal dismissed and return refused; Article 13(1)(b) had been proved to the standard required under the Convention in light of the intervening custody order made by the authorities in the State of the children's habitual residence.

Rights of Custody - Art. 3

Return refused

Return refused; the retention was not wrongful as the father had consented to the relocation of the child.

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

Appeal dismissed, return ordered

Appeal dismissed and return ordered; the removal was wrongful as it was in breach of the father's custody rights. The standard of harm required under Article 13(1)(b) had not been made out.

Habitual Residence - Art. 3

Application dismissed

Application dismissed; the removal was not wrongful since the child was habitually resident in Israel at the relevant date.

Habitual Residence - Art. 3 | 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 removal was wrongful and none of the exceptions had been proved to the standard required under the Convention.

Procedural Matters

Compensation would be awarded to the applicant father to cover the cost of locating the child, hiring a lawyer in Israel and the lawyer's fees. Compensation was not awarded for emotional distress because the damage was not sufficiently serious, bearing in mind that the child was returned.

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

Return ordered

Return ordered; the removal was wrongful and no exception had been established.

Rights of Custody - Art. 3 | Article 15 Decision or Determination

Article 15 declaration granted

Article 15 declaration granted; alternative conclusions submitted by the New Zealand court depending on the factual determinations made by the Australian court seised of the return proceedings.

European Convention on Human Rights (ECHR) | Procedural Matters

Unanimous: breach of Article 8 of the European Convention on Human Rights (ECHR). The authorities had failed to deploy adequate efforts to enable the mother to regain contact with her children.

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

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

Appeal allowed, return ordered

Appeal allowed, return ordered. The retention was wrongful and none of the exceptions applied. 

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

Appeal dismissed, return ordered

Appeal dismissed. The removal was wrongful and the exceptions of the Convention inapplicable.

Procedural Matters

Return ordered

Wrongful retention of a 1-year-old boy – Costa Rican – unmarried parents – Nicaraguan father – Dominican mother – Joint custody rights – The boy lived in Costa Rica until January 2018 – The return request was filed before a Nicaraguan court in January 2019 – Return ordered – Main issues: procedural matters – The parents agreed that the child would return to Costa Rica in the company of his father once the latter was assured that he would not be criminally sanctioned for child abduction.

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

Article 15 declaration refused

Article 15 declaration: the removal of the child was not wrongful within the meaning of Article 3 as the father did not have rights of custody on the relevant date.

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

Appeal allowed, return ordered

Appeal allowed, return ordered. The retention was wrongful and the exceptions raised inapplicable.

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

Appeal allowed, return ordered subject to undertakings

1 child wrongfully removed at age 6 – Unmarried parents – The mother had day-to-day care of the child and the father had supervised contact – Child lived in New Zealand until May 2016 – Application for return heard at first instance in December 2016 – First appeal: application dismissed – Second appeal: return ordered – Main issues: rights of custody, Art. 13(1)(b) grave risk exception, undertakings / conditions for return – The finding that there is no ”grave risk” within the meaning of Article 13(1)(b) “while at the same time foreshadowing a preparedness to impose conditions on the order for return” can be consistent - fulfilment of conditions prior to the child’s return should be feasible and cannot place the taking parent in a better situation than she was before the removal

Rights of Custody - Art. 3

Application dismissed

Challenge to legality dismissed; the removal of the child was not wrongful as the rights possessed by the BJA did not amount to rights of custody. The application was therefore rejected.

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

Appeal allowed and order made that the child should be returned to Greece.

Rights of Custody - Art. 3

Challenge to legality dismissed; the mother's removal was wrongful but she had subsequently been awarded custody.

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