Case Law Search

Habitual Residence - Art. 3

Application dismissed

Application dismissed; the retention was not wrongful as the child had never acquired a habitual residence in Belgium.

Aims of the Convention - Preamble, Arts 1 and 2 | Habitual Residence - Art. 3

Appeal dismissed, return ordered

Appeal dismissed and return ordered; the mother's constitutional rights had not been violated by the application of the Convention, nor had the lower courts erred in their application of the Convention: the retention was wrongful and none of the exceptions had been proved to the standard required.

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

Appeal allowed, 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.

Rights of Custody - Art. 3 | Procedural Matters

Return ordered

Return ordered; the removal was in breach of rights of custody and was therefore wrongful.

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

The El Salvadorian custody order was afforded recognition and the return of the children ordered. The children would not face serious harm if sent back.

Settlement of the Child - Art. 12(2)

Challenge to legality dismissed; the removal was wrongful but the child had become settled in her new environment. The return was therefore refused.

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

Application dismissed

Application dismissed; the children were not habitually resident in Greece at the date of the removal.

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

Appeal dismissed, application dismissed

Appeal rejected on a majority verdict; application dismissed. The majority found the children to be habitually resident in the US at the date of the retention.

Habitual Residence - Art. 3 | Procedural Matters

Application dismissed

Application dismissed; the retention was not wrongful as the child had acquired a habitual residence in Germany.

Habitual Residence - Art. 3 | Removal and Retention - Arts 3 and 12 | Acquiescence - Art. 13(1)(a)

Appeal allowed, return ordered

Appeal allowed and return ordered; the retention was wrongful the child having become habitually resident in Germany following the father's acquiescence in the initial wrongful removal.

Rights of Custody - Art. 3

Appeal allowed; the Court of Appeals held that the mother's right of veto over the removal of the child from Scotland did not afford her a "right of custody" for the purposes of the Convention, consequently the removal was not wrongful. The case was remitted to the District Court for further orders.

Rights of Custody - Art. 3

Appeal allowed, return refused

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

Appeal dismissed, return refused

Appeal dismissed and return refused; the retention was wrongful but the conditions for application of the exception of Article 13(1)(b) were met.

Interpretation of the Convention

Appeal dismissed, application dismissed

Appeal dismissed; application dismissed. At the start of the wrongful retention, the Convention was not yet in force in Austria.

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

Return refused

Removal wrongful and return refused; Article 13(1)(b) had been proved to the standard required under the Convention.

Habitual Residence - Art. 3

Application dismissed

Application dismissed; the retention was not wrongful because the children had lost their habitual residence in France upon departure and had acquired a habitual residence in Alberta, Canada.

Non-Convention Issues

Appeal dismissed, return ordered

Appeal dismissed and return ordered; it was in the best interests of the children to return to Sudan.

Settlement of the Child - Art. 12(2)

Return refused

Removal wrongful but return refused; the child was found to be settled in her new environment in accordance with the terms of Article 12(2).

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

Return refused

Return refused; retention wrongful, but the objections of the child were upheld.

Non-Convention Issues

The Court ruled that Turkey had breached Article 8 of the ECHR in failing to take proper steps to enforce the mother's access rights to her children . The Court also made an award of compensation to the mother under Article 41 of the ECHR.