Case Law Search

Grave Risk - Art. 13(1)(b) | Objections of the Child to a Return - Art. 13(2) | Settlement of the Child - Art. 12(2)

Return refused

Removal wrongful but return refused; more than 12 months had elapsed prior to the filing of the return petition and the children were held to be settled in their new environment; the older child also had valid objections to returning.

Aims of the Convention - Preamble, Arts 1 and 2 | Consent - Art. 13(1)(a) | Grave Risk - Art. 13(1)(b) | Issues Relating to Return

Return refused

Removal wrongful but return refused; Article 13(1)(a) and Article 13(1)(b) had both been proved to the standard required under the 1980 Hague Child Abduction Convention.

Appeal dismissed and return order allowed to stand; the retention was wrongful and none of the Article 13 exceptions had been proved.

Settlement of the Child - Art. 12(2)

Appeal allowed, return refused

Appeal allowed. Order for return to Portugal set aside. 

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

Return refused

Return refused. Though the mother was indeed wrongfully retaining the child, by the time the father made an application for return the child was settled in England and habitually resident there. 

Habitual Residence - Art. 3 | Settlement of the Child - Art. 12(2) | Grave Risk - Art. 13(1)(b) | Human Rights - Art. 20 | Consent - Art. 13(1)(a)

Return ordered

Return ordered.

Settlement of the Child - Art. 12(2) | Grave Risk - Art. 13(1)(b)

Return refused

Return refused. 

Acquiescence - Art. 13(1)(a) | Grave Risk - Art. 13(1)(b) | Issues Relating to Return

Return refused

Return refused, there was a grave risk of harm to the child if returned to Australia, within the meaning of Article 13(1)(b). The undertakings and protective measures offered by the father did not adequately protect the child against the identified risks.

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.

European Convention on Human Rights (ECHR) | Procedural Matters

By five votes to two: infringement of Article 8 of the European Convention on Human Rights (ECHR); award of damages on the basis of Article 41 of the ECHR.

Habitual Residence - Art. 3 | Grave Risk - Art. 13(1)(b) | Human Rights - Art. 20

Return refused

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

Removal and Retention - Arts 3 and 12 | Grave Risk - Art. 13(1)(b) | Undertakings | Objections of the Child to a Return - Art. 13(2) | Human Rights - Art. 20

Appeal dismissed, return ordered

Appeal dismissed and return ordered; the removal was wrongful and none of the exceptions had been established to the standard required under the Convention.

Removal and Retention - Arts 3 and 12 | Grave Risk - Art. 13(1)(b) | Objections of the Child to a Return - Art. 13(2) | Procedural Matters

Appeal dismissed, return ordered

Appeal dismissed; the retention was wrongful and the grounds for exception under the Convention were not applicable.

Habitual Residence - Art. 3 | Removal and Retention - Arts 3 and 12

Appeal dismissed, application dismissed

Appeal dismissed and application dismissed; there was no retention of the child.

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

Application dismissed

Application dismissed; the child was not habitually resident in the United States.

Habitual Residence - Art. 3

Appeal dismissed, application dismissed

Appeal dismissed and application dismissed; the children were habitually resident in the United States of America at the date of the alleged wrongful retention.

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

Appeal dismissed, return ordered

The mother’s complaint appeal (Beschwerde) was rejected and the order for return was maintained with the specification that the child was to be returned to Spain but not necessarily to Madrid.

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

Return ordered

Removal wrongful and return ordered, with the father ordered to pay the costs of return; the child was habitually resident in Turkey at the time of her removal and none of the exceptions had been established to the standard required under the Convention.

Removal and Retention - Arts 3 and 12 | Grave Risk - Art. 13(1)(b) | Objections of the Child to a Return - Art. 13(2)

Appeal dismissed, return ordered

Appeal dismissed and return ordered; the retention was wrongful and the child's objections were rejected as she was not sufficiently mature and had been unduly influenced by her mother.

Habitual Residence - Art. 3

Application dismissed

Application dismissed; the removal was not wrongful as the child's habitual residence was in Denmark at the relevant date.