Case Law Search

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

Rights of Custody - Art. 3

Interpretation of the Convention

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

Appeal dismissed, return refused

Return refused: Article 13(2) had been proved to the standard required under the Convention.

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

Return ordered

Return ordered; a grave risk of harm was established but the court nevertheless exercised its discretion to make a return order.

Acquiescence - Art. 13(1)(a)

Return ordered

Return ordered; the father had not acquiesced in the retention of the children.

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

Application dismissed

Application dismissed; the children were not habitually resident in Israel at the time of the removal.

Removal and Retention - Arts 3 and 12 | Rights of Custody - Art. 3 | Human Rights - Art. 20

Return ordered

Return ordered; the child had been wrongfully retained and none of the exceptions had been established to the standard required under the Convention.

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

Return ordered subject to undertakings

Return ordered with an undertaking required; neither Article 13(1)(a) nor Article 13(1)(b) had been proved to the standard required under the Convention.

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

Return ordered

Removal wrongful and return ordered; the Norwegian authorities would be able to protect the mother on her return, consequently the standard of harm required under Article 13(1)(b) had not been established.

Habitual Residence - Art. 3

Appeal allowed; case remitted to the Family Court.

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

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

Appeal dismissed, return refused

Appeal dismissed and return refused; a grave risk of harm had been established to the standard required by Article 13(1)(b).

Issues Relating to Return

Appeal dismissed; the decision ordering return must be enforced. The father had not provided any new elements to justify not enforcing the return order.

Rights of Custody - Art. 3

Appeal dismissed, return ordered

Appeal dismissed and return ordered; the removal breached a right of custody actually exercised by the grandmother.

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

Appeal dismissed, return ordered

Appeal rejected, return ordered. The retention was considered wrongful and the mother's allegation of grave risk upon return to the United States of America was not found to be proved.

Aims of the Convention - Preamble, Arts 1 and 2 | Habitual Residence - Art. 3 | Removal and Retention - Arts 3 and 12 | Rights of Custody - Art. 3 | Acquiescence - Art. 13(1)(a) | Grave Risk - Art. 13(1)(b) | Procedural Matters | Consent - Art. 13(1)(a)

Appeal allowed, return ordered

Appeal allowed, return ordered.

Settlement of the Child - Art. 12(2)

Appeal allowed and case remitted to the Family Division of the High Court; the trial court had erred in the meaning attributed to Article 12(2).

Human Rights - Art. 20

Unanimous: appeal inadmissible; the issues relating to the consistency of the 1980 Convention with the Constitution had been resolved in an earlier case, and admissibility of the appeal was not necessary for the enforcement of fundamental rights.

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

Appeal dismissed, return ordered