Case Law Search

Objections of the Child to a Return - Art. 13(2) | Settlement of the Child - Art. 12(2) | Procedural Matters

Appeal dismissed, return refused

Appeal dismissed and return refused; the removal was wrongful but on the basis of the children's objections a return order was refused.

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

Appeal allowed, return refused

Appeal allowed and return refused; the removal was not wrongful since the child was habitually resident in Sweden on the relevant date.

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

Appeal dismissed, return ordered

Appeal dismissed and return ordered; the removal was wrongful and the level of risk required under Article 13(1)(b) had not been proved.

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

Return ordered

Return ordered; the removal was wrongful having been in breach of actually exercised rights of custody and none of the exceptions had been proved to the standard required under the Convention.

Rights of Custody - Art. 3 | Grave Risk - Art. 13(1)(b) | Procedural Matters

Appeal dismissed, return refused

Rights of Custody - Art. 3 | Procedural Matters

Appeal dismissed, application dismissed

Appeal dismissed and application dismissed; the removal did not breach any rights of custody.

Procedural Matters

Rights of Custody - Art. 3

Return ordered

Removal wrongful and return ordered; the father was actually exercising his rights of custody and none of the exceptions had been proved to the standard required under the Convention.

Issues Relating to Return

Breach of Article 8 of the ECHR and award of damages. The Portuguese authorities had failed to take sufficient or adequate measures to ensure respect for the father's right to have his son returned.

Habitual Residence - Art. 3

Appeal allowed: the trial judges had not considered whether, under Article 3, the children had acquired a habitual residence in Australia.

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

Habitual Residence - Art. 3

Application dismissed

Application dismissed; the child was not habitually resident in Australia on the relevant date.

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

Appeal dismissed, return refused

Appeal dismissed and return refused; Article 13(1)(b) had been proved to the standard required under the Convention in light of the intervening custody order made by the authorities in the State of the children's habitual residence.

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

Appeal allowed, return ordered

Appeal allowed and return ordered; by a majority verdict the Court of Appeal found that none of the exceptions had been proved to the standard required under the Convention.

Rights of Custody - Art. 3

Return refused

Return refused; the retention was not wrongful as the father had consented to the relocation of the child.

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

Return ordered

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

Habitual Residence - Art. 3

Return ordered

Return ordered; the retention was wrongful the child having retained his habitual residence in Germany.

Settlement of the Child - Art. 12(2)

Return refused

Return refused; the removal was wrongful but Article 12(2) was successfully invoked, the child now being settled in her new environment.

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

Return ordered

Removal wrongful and return ordered; the standard of harm required under Article 13(1)(b) had not been made out.