Case Law Search

Rights of Custody - Art. 3 | Interpretation of the Convention

Appeal dismissed, application dismissed

Appeal dismissed and application dismissed; there had not been a breach of actually exercised rights of custody.

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

Voluntary return with undertakings agreed between the parties in the requesting State following direct contact between the English judge seized of the return application and the Californian judges seized of the substantive custody and criminal aspects of the case.

Rights of Custody - Art. 3

Article 15 declaration refused

Article 15 declaration refused; the removal was not wrongful as no rights of custody had been breached.

Procedural Matters

Appeal allowed; case remitted to the District Court (federal jurisdiction) for a ruling to be made on the merits of the return application.

Removal and Retention - Arts 3 and 12 | Consent - Art. 13(1)(a) | Procedural Matters

Application dismissed

Application dismissed; the retention was not wrongful as the father had consented to the relocation of mother and child to Australia.

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

Appeal dismissed, return refused

Appeal dismissed and return refused; the trial court had been entitled to find that the standard required for Article 13(1)(b) had been reached.

Unanimous: no infringement of the German Basic Law (Grundgesetz).

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

Appeal allowed, return refused

Human Rights - Art. 20

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

Appeal dismissed, return refused

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

Appeal dismissed, return refused

Removal and Retention - Arts 3 and 12 | Consent - Art. 13(1)(a) | Acquiescence - Art. 13(1)(a) | Issues Relating to Return

Return ordered

Retention wrongful and return ordered, subject to conditions; none of the exceptions had been proved to the standard required under the Convention.

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

Return refused

Retention wrongful but return refused in the light of the child's objections.

Habitual Residence - Art. 3

Appeal dismissed, application dismissed

Appeal dismissed and return application dismissed; the retention was not wrongful as the children never acquired a habitual residence in Germany.

Habitual Residence - Art. 3

Appeal dismissed, application dismissed

Appeal dismissed and application dismissed; the Convention was not applicable as the children had never lost their habitual residence in the United States during their two year ten month stay in Mexico.

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

Return ordered

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

Human Rights - Art. 20

Constitutional claims dismissed, claims under the Federal Tort Claims Act dismissed, claim of a conspiracy based on racial or other class-based animus dismissed and writ of mandamus denied.

Settlement of the Child - Art. 12(2)

Application for leave to appeal dismissed and return ordered. More than one year had elapsed since the wrongful removal but it had not been proved that the child was settled in its new environment.

Removal and Retention - Arts 3 and 12 | Procedural Matters

Return ordered; appeal on Convention issues dismissed and appeal on costs order allowed.