Case Law Search

European Convention on Human Rights (ECHR) | Issues Relating to Return | Procedural Matters

The European Court of Human Rights held by six votes to one that there had been a violation of Article 8 of the ECHR on account of the Italian courts' order for the child to be returned to Italy; and unanimously that there had been no violation of Article 8 on account of the mother's absence from the hearing of the Rome Youth Court. Damages were awarded to mother and child.

Procedural Matters

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

Appeal allowed in part; the removal was not wrongful, the order denying return was upheld; however, the ruling was amended in that it ordered the father to indemnify the mother.

Removal and Retention - Arts 3 and 12 | Objections of the Child to a Return - Art. 13(2) | Procedural Matters | Habitual Residence - Art. 3 | Consent - Art. 13(1)(a) | Grave Risk - Art. 13(1)(b)

Return refused

Aims of the Convention - Preamble, Arts 1 and 2 | Settlement of the Child - Art. 12(2)

Appeal allowed, application dismissed

Non-Convention Issues

Issues Relating to Return

Habitual Residence - Art. 3 | Removal and Retention - Arts 3 and 12 | Rights of Custody - Art. 3

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) | Human Rights - Art. 20 | Issues Relating to Return

Appeal allowed, return ordered

Appeal allowed and return ordered, provided that the child was permitted to enter the United States. The retention was wrongful and none of the exceptions had been proved to the standard required by the Convention.

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.