Case Law Search

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

It was inappropriate for the children to be represented by either of the parties or by the court welfare officer, therefore they were to be separately represented by their guardian ad litem.

Rights of Custody - Art. 3

Article 15 declaration refused

Article 15 declaration refused; no rights of custody had been breached when the children were removed.

Consent - Art. 13(1)(a) | Acquiescence - Art. 13(1)(a)

Appeal dismissed, return ordered

Appeal dismissed and return ordered; the retention of the children was wrongful and the standard required under Article 13(1)(a) had not been met to show the father had acquiesced.

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

Application for leave to appeal dismissed and return refused; there was little likelihood that a three judge bench of the Court of Appeal would upset the decision of the President of the Family Division of the High Court who had heard oral evidence.

Rights of Custody - Art. 3 | Interpretation of the Convention

Appeal dismissed, return ordered

Appeal dismissed and return ordered; the Irish court held rights of custody in respect of the child and the father was allowed to rely on those rights in making a return application under the Convention.

Habitual Residence - Art. 3

Appeal dismissed, return refused

Appeal dismissed and return refused; there was no wrongful retention for the girls were not habitually resident in Finland at the relevant date.

Aims of the Convention - Preamble, Arts 1 and 2 | Grave Risk - Art. 13(1)(b) | Objections of the Child to a Return - Art. 13(2) | Settlement of the Child - Art. 12(2)

Return ordered

Return ordered; the standard required under Articles 13(1)(b), 13(2) and 12(2) had not been met.

Rights of Custody - Art. 3 | Acquiescence - Art. 13(1)(a) | Settlement of the Child - Art. 12(2)

Return ordered

Return ordered; the removal of the child was wrongful, and neither Article 12(2) nor Article 13(1)(a) had been proved to the standard required under the Convention.

Rights of Custody - Art. 3 | Interpretation of the Convention

Application dismissed

Application dismissed; the applicant father did not have rights of custody.

Habitual Residence - Art. 3 | Settlement of the Child - Art. 12(2)

Application dismissed

Application dismissed; the children were habitually resident in the United States at the relevant date.

Aims of the Convention - Preamble, Arts 1 and 2 | Acquiescence - Art. 13(1)(a)

Appeal allowed, return refused

Appeal allowed and return refused; the standard required under Article 13(1)(a) to show acquiescence had been met.

Aims of the Convention - Preamble, Arts 1 and 2 | Rights of Custody - Art. 3 | Grave Risk - Art. 13(1)(b)

Return ordered

Return ordered; the removal was wrongful as it breached the father's rights of custody. The standard required under Article 13(1)(b) to indicate that the child would face a grave risk of physical harm had not been met.

Procedural Matters

Appeal dismissed, return ordered

Appeal dismissed, removal wrongful and return ordered; the trial judge had properly exercised her discretion in refusing a stay of the return order.

Acquiescence - Art. 13(1)(a)

Appeal dismissed, return refused

Appeal dismissed and return refused; the Court of Appeal upheld the exercise of discretion by the trial judge.

Consent - Art. 13(1)(a)

Application dismissed

Application dismissed; the applicant father had voluntarily consented to the removal, therefore it was not wrongful.

Consent - Art. 13(1)(a) | Procedural Matters

Return refused

Return refused; there had been a wrongful retention but there was sufficient evidence to indicate consent on the part of the applicant father.

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

Appeal allowed, return refused

Appeal allowed and return refused; the Court of Appeal declined to order the boy's return on the basis of his objections.

Rights of Custody - Art. 3 | Procedural Matters

Article 15 declaration granted

Article 15 declaration granted; the removal of the boys was wrongful insofar as it breached an implied right under New York law that access rights not be frustrated by the unilateral relocation of a child.

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

Application dismissed

Application dismissed; there had neither been a wrongful removal nor a wrongful retention.

Habitual Residence - Art. 3

Application dismissed

Application dismissed and return refused; the children were habitually resident in Iceland at the relevant date, which was not at that time a party to the Hague Convention.