Case Law Search

Habitual Residence - Art. 3 | Rights of Custody - Art. 3 | Rights of Access - Art. 21

Appeal dismissed, application dismissed

Appeal dismissed and petition dismissed; the retention of the child was not wrongful as it did not breach any actually exercised rights of custody.

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

Confirmation of the order of 8 March 2006, in that it ordered the child's return; reversal of judgment of 23 March 2006. The removal was wrongful and the return could not be denied on the basis of Article 13 because adequate protection measures had been taken in Italy.

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

Appeal allowed, application dismissed

Appeal allowed and application dismissed; there was no wrongful retention as the child was habitually resident in Hong Kong on the relevant date.

Jurisdiction Issues - Art. 16

Appeal dismissed, return refused

Appeal dismissed and return refused; the child objected to being returned and had attained an age and degree of maturity at which it was appropriate to take account of his views.

Procedural Matters

Appeal dismissed, return refused

The Supreme Court dismissed the appeal. 

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

Appeal dismissed, return refused

Application dismissed. Return refused as there would be a grave risk of harm to the child if he was returned to Germany.

Habitual Residence - Art. 3 | Settlement of the Child - Art. 12(2)

Return ordered

The court ordered the return of the child to the USA.

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

Appeal dismissed, return ordered

Appeal dismissed and return ordered; the child's objections did not satisfy the standard required under Article 13(2) of the Convention.

Issues Relating to Return

Application dismissed

Application dismissed because ill-founded; the Czech authorities had not breached Article 8 of the ECHR.

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

Appeal dismissed, return ordered

Appeal dismissed. The removal was wrongful and the exceptions of the Convention inapplicable.

Procedural Matters

Return ordered

Wrongful retention of a 1-year-old boy – Costa Rican – unmarried parents – Nicaraguan father – Dominican mother – Joint custody rights – The boy lived in Costa Rica until January 2018 – The return request was filed before a Nicaraguan court in January 2019 – Return ordered – Main issues: procedural matters – The parents agreed that the child would return to Costa Rica in the company of his father once the latter was assured that he would not be criminally sanctioned for child abduction.

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

Appeal dismissed, return ordered

Appeal dismissed and return ordered; the child was habitually resident in Sweden at the time of the retention and the standard required under Art. 13(1)(b) of the 1980 Hague Child Abduction Convention to establish a grave risk of harm had not been met.

Objections of the Child to a Return - Art. 13(2) | Rights of Access - Art. 21

Application allowed and independent children's lawyer appointed.

Rights of Custody - Art. 3 | Human Rights - Art. 20 | Procedural Matters

Article 15 declaration refused

Article 15 declaration: the removal of the child was not wrongful within the meaning of Article 3 as the father did not have rights of custody on the relevant date.

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

Return refused

Return refused. 

Habitual Residence - Art. 3

Appeal allowed, return ordered

Appeal allowed, return ordered. 

Rights of Custody - Art. 3

Application dismissed

Application dismissed; the removal of the child was not wrongful as it was not in breach of any legally recognised right of custody.

Rights of Custody - Art. 3

Appeal dismissed, application dismissed

Appeal dismissed and application dismissed; the grandparents did not hold rights of custody at the time of the removal of the child.

Undertakings

Appeal dismissed, return ordered subject to undertakings

Appeal dismissed and return ordered, subject to undertakings.

Rights of Custody - Art. 3 | Grave Risk - Art. 13(1)(b) | Settlement of the Child - Art. 12(2)

Return refused

Return refused. The children were at grave risk of harm if they returned to Spain and were settled in the USA.