Case Law Search

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

Appeal dismissed, return ordered

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

Challenge against the legality of the appellate judgment dismissed and return order confirmed; the retention was wrongful and Article 13(1)(b) had not been made out to the standard required under the Convention.

Role of the Central Authorities - Arts 6 - 10

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

Appeal dismissed, return ordered

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

Appeal dismissed, return refused

Appeal dismissed and return refused; the removal was wrongful but the standard of harm required under Article 13(1)(b) had been proved.

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

Appeal allowed, return ordered

Appeal allowed and return ordered; the Court of Appeal ruled that the objections of the two older children should not have led to an order for their non-return. A majority found that the trial judge had erred in the manner in which he exercised his discretion once he had found the Article 13(2) exception to have been made out.

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

Return refused

Appeal dismissed and return refused; this was an exceptional case where the standard of harm envisaged within Article 13(1)(b) had been reached.

Issues Relating to Return | Procedural Matters

In a unanimous ruling the Court held that Croatia had breached Article 8 of the ECHR in failing to make adequate and effective efforts to reunite the applicant with her son. The Court also made an award of compensation to the mother under Article 41 of the ECHR.

Return refused

Rights of Custody - Art. 3 | Procedural Matters

Article 15 declaration granted

Article 15 declaration granted; the child was habitually resident in Ontario and his retention was in breach of the mother's rights of custody.

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

Appeal allowed, return ordered

Return ordered; the "grave risk of harm" exception had not been established.

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

Return refused

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

Return refused

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

Return ordered

Human Rights - Art. 20

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

Appeal allowed, return ordered

Role of the Central Authorities - Arts 6 - 10

Consent - Art. 13(1)(a) | Grave Risk - Art. 13(1)(b)

Return refused

Return refused; the applicant father was found to have consented to the child living in South Africa permanently and the child would face a grave risk of harm if returned to the applicant.

Issues Relating to Return

Habitual Residence - Art. 3

Appeal allowed and case remitted to the District Court; the trial court had erred in its legal interpretation of the concept of habitual residence.