Case Law Search

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.

Aims of the Convention - Preamble, Arts 1 and 2 | Rights of Custody - Art. 3

Appeal allowed, return refused

Appeal allowed and return refused; the removal was not wrongful as no rights of custody had been breached.

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

Return ordered

Return ordered; the retention was wrongful and the standard required under Article 13(1)(b) to indicate that the children would face a grave risk of harm had not been met. The mother was also ordered to pay the costs of the hearing.

Removal and Retention - Arts 3 and 12 | Consent - Art. 13(1)(a)

Return refused

Return refused; the removal was wrongful, but the standard required to show consent under Article 13(1)(a) had been proved.

Issues Relating to Return

By a majority of 6 to 1 the Court ruled that Romania had breached Article 8 of the ECHR in failing to take proper steps to enforce the various orders giving the applicant mother care of the girls, in particular the return order of 14 December 1994. The Court also made an award of compensation to the mother under Article 41 of the ECHR.

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

Return refused

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

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

Return ordered

Return ordered; the retention was wrongful and neither Article 13(2) nor any of the other exceptions had been proved to the standard required under the Convention.

Habitual Residence - Art. 3

Appeal dismissed, return refused

Appeal dismissed and return refused; the retention was not wrongful since the child was habitually resident in Sweden at the relevant date.

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

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

Rights of Custody - Art. 3

Appeal dismissed, return ordered

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

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

Return ordered

Return ordered; the removal was wrongful as the mother alone had custody rights in respect of the children.

Rights of Custody - Art. 3

Return ordered

Return ordered; the removal was wrongful having been in breach of rights of custody which were being actually exercised at that time.

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

Appeal allowed, return ordered

Appeal allowed. Removal wrongful and return ordered; the standard required under Article 13(1)(b) to indicate a grave risk of psychological harm had not been met.

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.

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

Return ordered with undertakings offered

Removal wrongful and return ordered with undertakings offered; the standard of harm required under Article 13(1)(b) had not been made out.

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 Custody - Art. 3 | Grave Risk - Art. 13(1)(b) | Objections of the Child to a Return - Art. 13(2)

Challenge to legality dismissed; the removal was wrongful but Articles 13(1)(b) and 13(2) had been proved to the standard required under the Convention. The return was therefore refused.

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

Appeal dismissed, return ordered

Appeal dismissed and return ordered; the retention was wrongful and Article 13(1)(b) had not been proved to the required standard.

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

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.