Case Law Search

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

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

Appeal dismissed, return ordered

Appeal allowed, return ordered

Aims of the Convention - Preamble, Arts 1 and 2 | Acquiescence - Art. 13(1)(a) | Undertakings | Settlement of the Child - Art. 12(2) | Role of the Central Authorities - Arts 6 - 10 | Procedural Matters

Return refused

Return refused; more than a year had elapsed before the commencement of return proceedings and the child was found to be settled in her new environment.

Habitual Residence - Art. 3 | Rights of Custody - Art. 3 | Non-Convention Issues

Application dismissed

Application dismissed; the Court declined to make an order giving the mother primary care because it did not have jurisdiction over the child in question.

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

Return ordered

Return ordered; the removal was wrongful and none of the exceptions had been established. The Court fixed the conditions for return.

Procedural Matters

Appeal granted and deportation of mother and the abducted children ordered.

Rights of Custody - Art. 3 | Procedural Matters

Appeal allowed, return ordered

Appeal allowed and return ordered; the trial court had erred in finding that the applicant father was not actually exercising his rights of custody at the time of the removal.

Grave Risk - Art. 13(1)(b) | Procedural Matters | Interpretation of the Convention

Settlement of the Child - Art. 12(2)

Appeal allowed, return ordered

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

Appeal dismissed, return ordered

Legal challenge rejected; the removal was wrongful and none of the exceptions was applicable.

Non-Convention Issues

Appeal allowed, return refused

Appeal allowed and return refused; the Court of Appeal had been wrong to interfere with the trial judge's exercise of discretion, although the trial judge, influenced by recent appellate authority, had himself applied too strict a test in evaluating whether or not to make a return order. The House of Lords clarified the approach to be adopted with regard to non-Hague Convention child abduction cases.

Issues Relating to Return | Procedural Matters

In an unanimous ruling the Court held that Poland had breached Article 8 of the ECHR in failing to make adequate and effective efforts to enforce the return order. Furthermore the length of the proceedings exceeded a reasonable time and accordingly there was also a breach of Article 6(1) of the ECHR. The Court also made an award of compensation to the father under Article 41 of the ECHR.

Grave Risk - Art. 13(1)(b) | Undertakings | Issues Relating to Return

Appeal allowed, return ordered

Appeal granted and return ordered.

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

Return refused

Return refused; the retention was wrongful, but the child objected to a return to the UK and the standard required under Article 13(2) had been established.

Removal and Retention - Arts 3 and 12

Application dismissed

Application dismissed; waiver of custody rights not under duress; no need to determine habitual residence given no wrongful removal or retention.

Aims of the Convention - Preamble, Arts 1 and 2 | Objections of the Child to a Return - Art. 13(2) | Procedural Matters

Appeal allowed, return ordered

Appeal allowed and return ordered; Article 13(2) had not been proved to the standard required under the Convention.

Removal and Retention - Arts 3 and 12 | Grave Risk - Art. 13(1)(b) | Human Rights - Art. 20

Appeal dismissed, return ordered

Appeal dismissed and return ordered; the removal was wrongful and none of the exceptions had been proved to the standard required under the Convention.

Rights of Custody - Art. 3

Challenge to legality upheld; the removal no longer infringed any custody rights.

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

Challenge to legality dismissed; Article 13(1)(b) had not been proved to the standard required under the Convention.