Case Law Search

Role of the Central Authorities - Arts 6 - 10

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.

Procedural Matters | Interpretation of the Convention

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

Appeal allowed, return ordered

Issues Relating to Return

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.

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

Appeal allowed, return ordered

Appeal allowed and return ordered; a grave risk of harm had not been established to the standard required under the Convention. The trial court had moreover erred in the exercise of its discretion.

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

Appeal dismissed; the removal was wrongful and none of the exceptions had been established to the standard required under the Convention, however, the return was subject to extensive and stringent conditions, including the obtaining of a mirror order in the High Court of South Africa.

Non-Convention Issues

Appeal allowed, return ordered

Appeal dismissed and return ordered; it was in the children's best interests to return and this was not prevented by UK immigration rules applicable to asylum applicants.

Consent - Art. 13(1)(a) | Acquiescence - Art. 13(1)(a)

Return refused

Removal wrongful but return refused; consent had been established in accordance with the terms of Article 13(1)(a).

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

Appeal allowed, return refused

Appeal allowed and return refused; the child was now settled in her new environment pursuant to the terms of Article 12(2).