Case Law Search

Habitual Residence - Art. 3 | Non-Convention Issues

Appeal allowed, return ordered subject to undertakings

Appeal allowed and return ordered, subject to undertakings; the 1980 Hague Child Abduction Convention was not applicable, the child being habitually resident in England and Wales on the relevant date, but the Court exercising its power under the inherent jurisdiction found that it was in the child's best interests to return to Texas so a court there could adjudicate on his future.

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

Appeal dismissed and grant of interim custody to the mother upheld.

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

Appeal dismissed, return ordered

Appeal dismissed and return ordered subject to new conditions; the removal was wrongful and none of the exceptions had been established to the standard required under the Convention.

Habitual Residence - Art. 3 | Procedural Matters

Appeal dismissed, return refused

Appeal dismissed; the child had not had a habitual residence in Greece.

Issues Relating to Return | Procedural Matters

Appeal inadmissible; the appeal did not raise a substantial legal issue.

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

Appeal allowed, case referred to the lower court. If the court in the State of refuge contemplates denying return of the child (or its enforcement) owing to a grave risk of danger, it is a prior requirement to ascertain sua sponte that the necessary protective measures to make the return possible could not be taken.

Non-Convention Issues

Legal challenge upheld. The Audiencia Provincial order was set aside and the Supreme Court ordered a new decision to be made on the child's relocation, which would assess the appropriateness of her removal to the United States of America and the attribution of contact rights in a way which was fair and equal for both the child and her parents.

European Convention on Human Rights (ECHR) | Procedural Matters

In a unanimous ruling, the Court declared the application to be admissible, and found that the national authorities had not taken all the steps which could be reasonably required to enforce the father's access rights, leading to a violation of Article 8 of the ECHR.

Removal and Retention - Arts 3 and 12 | Article 15 Decision or Determination

Appeal allowed and Article 15 declaration refused.

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.

Habitual Residence - Art. 3 | Procedural Matters

Application dismissed

Application dismissed; the removal was not wrongful as the child had retained his habitual residence in Northern Ireland during the course of his stay in Poland.

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

Appeal allowed and order made that the child should be returned to Greece.

Issues Relating to Return | Procedural Matters

Appeal inadmissible: the issue whether the Austrian courts may deliver a return order and take execution measures in a single ruling is not sufficiently substantial to justify an appeal. While admittedly there are no Supreme Court precedents on this point, the issue does not raise a substantial difficulty since it is clearly resolved by legislation.

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

Appeal dismissed, return ordered

The Court of Appeals upheld the District Court decision and ordered the return of the child.

Appeal dismissed, return refused

The court considered the jurisprudence on habitual residence and upheld the finding of the first instance judge: that the child’s residence in the USA had not acquired the necessary degree of stability to become habitual.  On the established principles, there was no basis to interfere with the judge’s finding.

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

Appeal allowed, return ordered

Appeal allowed; return ordered. The Appellate Court held that the Article 13(1)(b) exception was not established.

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

Appeal allowed, return ordered

Appeal allowed, return ordered. The retention was wrongful and the exceptions raised inapplicable.

Removal and Retention - Arts 3 and 12 | Acquiescence - Art. 13(1)(a) | Grave Risk - Art. 13(1)(b) | Objections of the Child to a Return - Art. 13(2)

Appeal dismissed, return refused

Appeal dismissed, return refused. The retention was wrongful but several exceptions applicable.

Aims of the Convention - Preamble, Arts 1 and 2 | Grave Risk - Art. 13(1)(b) | Procedural Matters

Appeal dismissed, return ordered

Appeal dismissed and return ordered; the retention was wrongful and Art 13(1)(b) had not been proved to the standard required under the 1980 Hague Child Abduction Convention.

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

Appeal dismissed, return refused

Appeal dismissed and return refused; removal was wrongful but the mother had proved Article 13(1)(b) to the standard required under the Convention. No undertakings had been proposed which could mitigate the harm of returning the child.