Case Law Search

Settlement of the Child - Art. 12(2)

Return refused

Return refused; the child was settled in her new environment and the court exercised its discretion not to make a return order.

Settlement of the Child - Art. 12(2) | Procedural Matters

Appeal dismissed, return refused

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

Challenge dismissed; the Cour d'Appel had been correct in finding that none of the exceptions had been proved to the standard required under the Convention.

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

Return ordered

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

Return refused

Retention wrongful but return refused; the boy was habitually resident in Ireland at the time of the retention, but his objections to a return were sufficiently cogent that the trial judge exercised her discretion not to make a return order.

Procedural Matters

Appeal allowed; first instance decision overturned on procedural grounds.

Rights of Custody - Art. 3 | Grave Risk - Art. 13(1)(b) | Brussels IIa Regulation (Council Regulation (EC) No 2201/2003 of 27 November 2003)

Appeal allowed, return refused

Procedural Matters

Habitual Residence - Art. 3 | Rights of Custody - Art. 3 | Grave Risk - Art. 13(1)(b) | Objections of the Child to a Return - Art. 13(2)

Return ordered

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

Aims of the Convention - Preamble, Arts 1 and 2 | Rights of Custody - Art. 3 | Consent - Art. 13(1)(a) | Grave Risk - Art. 13(1)(b) | Procedural Matters | Objections of the Child to a Return - Art. 13(2)

Appeal allowed, return ordered

Appeal allowed and return ordered; the retention was wrongful and none of the exceptions had been established to the standard required under the Convention.

Habitual Residence - Art. 3 | Rights of Custody - Art. 3 | Acquiescence - Art. 13(1)(a)

Appeal dismissed, return refused

Consent - Art. 13(1)(a)

Appeal dismissed, application dismissed

Issues Relating to Return

Application to appeal dismissed and return order upheld. The prior return of the child rendered an appeal moot.

Rights of Custody - Art. 3 | Grave Risk - Art. 13(1)(b) | Objections of the Child to a Return - Art. 13(2) | Human Rights - Art. 20 | Issues Relating to Return

Return ordered

Removal wrongful and return ordered to a Member State other than the State of the child's habitual residence; none of the exceptions had been proved to the standard required under the Convention.

Aims of the Convention - Preamble, Arts 1 and 2 | Habitual Residence - Art. 3 | Rights of Custody - Art. 3 | Acquiescence - Art. 13(1)(a) | Grave Risk - Art. 13(1)(b) | Removal and Retention - Arts 3 and 12

Return ordered

Procedural Matters

Compensation would be awarded to the applicant father to cover the cost of locating the child, hiring a lawyer in Israel and the lawyer's fees. Compensation was not awarded for emotional distress because the damage was not sufficiently serious, bearing in mind that the child was returned.

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

Return ordered

Return ordered; the removal was wrongful and no exception had been established.

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

Return ordered

Mother's application allowed and immediate return of the children to Greece ordered. The children were wrongfully retained and no exception had been established. 

Procedural Matters