Case Law Search

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

Appeal dismissed, return ordered

Appeal dismissed and 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)

Appeal dismissed, return ordered

Appeal dismissed and return ordered; the retention was wrongful and neither Article 13(1)(b) nor Article 13(2) had been proved to the standard required under the Convention.

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

Appeal dismissed and case remitted to High Court (Family Division) for judgment; only in exceptional cases would a child be afforded separate representation in Convention cases.

Acquiescence - Art. 13(1)(a)

Aims of the Convention - Preamble, Arts 1 and 2 | Removal and Retention - Arts 3 and 12 | Objections of the Child to a Return - Art. 13(2) | Settlement of the Child - Art. 12(2)

Appeal dismissed, return ordered

Aims of the Convention - Preamble, Arts 1 and 2 | Issues Relating to Return | Procedural Matters

A successful appeal against a non-return order based on Article 13 of the Hague Convention in the State of refuge, will not prevent the application of the potentially overriding mechanism in Articles 11(8) and 42 of Brussels II a Regulation. The latter provisions operate independently once an Article 13 non-return order has been delivered.

Non-Convention Issues

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

Appeal allowed, return ordered

Grave Risk - Art. 13(1)(b) | Objections of the Child to a Return - Art. 13(2) | Settlement of the Child - Art. 12(2) | Human Rights - Art. 20

Appeal allowed, return refused

Appeal allowed and return order refused; removal wrongful but the children had become settled in their new environment and objected to a return, with the Court exercising its discretion not to make a return order.

Removal and Retention - Arts 3 and 12 | Acquiescence - Art. 13(1)(a) | Settlement of the Child - Art. 12(2)

Appeal dismissed, return ordered

Appeal dismissed and return ordered; the removal was wrongful and even if a year had elapsed for the purposes of Article 12 the child was not settled in his new environment and none of the other exceptions had been established.

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

Appeal allowed, return ordered

Rights of Custody - Art. 3 | Settlement of the Child - Art. 12(2)

Appeal allowed, return refused

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

Return ordered

Article 15 Decision or Determination

Appeal dismissed, return refused

Habitual Residence - Art. 3 | Rights of Custody - Art. 3

Appeal dismissed, return ordered

Appeal dismissed and return ordered; retention wrongful and a grave risk had not been established to the standard required under the Convention.

Habitual Residence - Art. 3 | Rights of Custody - Art. 3

Appeal allowed, return ordered

Appeal allowed and return ordered; the removal was wrongful.  

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

The Court ruled unanimously that Switzerland had breached Article 8 of the ECHR in failing to take adequate measures to give effect to the aims and objectives of the 1980 Hague Convention in the eight months following the abduction. The Court also made an award of compensation to the father under Article 41 of the ECHR.

Undertakings | Rights of Access - Art. 21

Access rights granted by a United Kingdom court were guaranteed by a mirror order issued in Panama.

Habitual Residence - Art. 3 | Rights of Custody - Art. 3 | Procedural Matters

Appeal dismissed, return ordered