Case Law Search

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

Appeal dismissed, return refused

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

Appeal allowed, return ordered

Rights of Custody - Art. 3 | Objections of the Child to a Return - Art. 13(2)

Return refused

Return refused; the retention was wrongful, being in breach of the mother's rights of custody, but the child had valid objections to a return.

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

Return ordered

Aims of the Convention - Preamble, Arts 1 and 2 | Procedural Matters

European Convention on Human Rights (ECHR)

Unanimous: breach of Article 8 of the European Convention on Human Rights (ECHR) due to the deprivation of effective exercise of his family life with the child for seven years; award to the father of EUR 7,000 for intangible damage and EUR 6,000 (plus any tax due) of costs and expenses.

Habitual Residence - Art. 3 | Removal and Retention - Arts 3 and 12 | Interpretation of the Convention

In its preliminary ruling the Court noted, inter alia, that where the removal of a child has taken place in accordance with a judgment which was provisionally enforceable and which was thereafter overturned, the child's habitual residence must be determined by undertaking an assessment of all the circumstances of fact. Whilst it was possible the child's habitual residence may have changed, account must be taken of the fact that the judgment authorising the removal could be provisionally enforced and that an appeal had been brought.

Habitual Residence - Art. 3

Appeal dismissed, application dismissed

Appeal dismissed and application dismissed; the retention was not wrongful as the child was habitually resident in the United States of America at the relevant date.

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)

Legal challenge dismissed; the retention was wrongful but decision to refuse to return the child on the basis of the Art. 13 exceptions upheld.

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

Return ordered

Return ordered; the retention was wrongful and none of the exceptions had been proved to the standard required under the Convention.

Grave Risk - Art. 13(1)(b) | Objections of the Child to a Return - Art. 13(2) | Human Rights - Art. 20 | Procedural Matters

Appeal allowed by a majority ruling and case remitted to the District Court to consider, inter alia, the asylum grants, assessments, and any related evidence not previously considered that related to whether Article 13(1)(b) or 20 applied.

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

Appeal inadmissible: the issue whether the 1980 Hague Child Abduction Convention is applicable when the applicant resides neither in the State of habitual residence nor in the State of refuge but in a third State was not determining.

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

Appeal dismissed, return ordered

Appeal dismissed and return ordered, subject to a one-week delay; the removal was wrongful and none of the exceptions had been proved to the standard required under the 1980 Hague Child Abduction Convention.

European Convention on Human Rights (ECHR)

The Court held unanimously that there had been a breach of Article 6 of the ECHR, no violation of the substantive aspect of Article 8 of the ECHR and that it was not necessary to examine the procedural aspect of Article 8.

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

Legal challenge dismissed; the Athens Appellate Court had not violated any of the points of law asserted by the father; the children would be exposed to a grave risk of psychological harm if returned to the United States of America.

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

Return ordered

Removal wrongful and return ordered; none of the exceptions under the 1980 Hague Child Abduction Convention had been proved to the standards required.

Habitual Residence - Art. 3 | Rights of Custody - Art. 3 | Settlement of the Child - Art. 12(2) | Procedural Matters

Appeal allowed, return refused

Appeal allowed, return refused. Although the retention was wrongful, the court refused return because the request had been introduced more than a year after the retention and the boy was settled into his new family, educational and social environments.

Habitual Residence - Art. 3 | 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, return ordered. 

Grave Risk - Art. 13(1)(b) | Undertakings | Role of the Central Authorities - Arts 6 - 10 | Procedural Matters

Appeal dismissed, return refused

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

European Convention on Human Rights (ECHR) | Procedural Matters

The Chamber unanimously held that there had been a violation of Article 8 of the ECHR in regard to the protracted custody proceedings, but by five votes to two that there had been no violation of Art 8 in regard to the domestic courts' assessment of the 1980 Hague Child Abduction Convention return petition. Damages were awarded to the applicant.