Case Law Search

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

Appeal dismissed, return ordered

Appeal dismissed and return ordered; the removal had been in breach of actually exercised rights of custody and none of the exceptions had been proved to the standard required under the Convention.

Non-Convention Issues

Appeal dismissed, return refused

Appeal dismissed and return refused; the risks inherent in return were such that it was not in the child's best interests to be sent back to the UAE.

Rights of Custody - Art. 3 | Consent - Art. 13(1)(a)

Appeal allowed, return ordered

Appeal allowed and return ordered; the removal had breached rights of custody held by the father and the mother had failed to show that the father had consented to the removal.

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

Appeal allowed and case remitted to the High Court - Court of First Instance; it had to be determined whether the child had been sexually abused as had been alleged.

Interpretation of the Convention

Habitual Residence - Art. 3

Rights of Custody - Art. 3

Appeal allowed; the decisions on the merits were quashed and the case referred back to the court of first instance for it to rule on the father's application in accordance with the Hague Convention and the principles set down by the Supreme Court in the case at hand. The removal was wrongful under the terms of Article 3.

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

Appeal dismissed, return ordered

Appeal dismissed and return ordered; the retention was wrongful, the children still having their habitual residence in Australia on the relevant date.

Habitual Residence - Art. 3

Application dismissed

Application dismissed; the child was not habitually resident in Italy on the date the removal took place.

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

Challenge to legality dismissed; at the time the return application was made the retention of the child was not wrongful.

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

Return ordered

Return ordered; the retention of the child was wrongful as the child, according to the parents' agreement, was still habitually resident in England, and none of the exceptions had been proved to the standard required under the Convention.

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

Return ordered

Return ordered; the removal was wrongful, the child being habitually resident in Spain at the relevant date and the mother having custody.

Habitual Residence - Art. 3

Leave to appeal refused and dismissal of the return application therefore confirmed; the removal was not wrongful since the child still retained his habitual residence in England at that time.

Rights of Custody - Art. 3 | Non-Convention Issues

Application dismissed

Application dismissed; the English courts no longer had jurisdiction over the children as they had lost their habitual residence in England and Wales and acquired one in Cameroon.

Procedural Matters

Preliminary ruling issued.

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) | Procedural Matters

Appeal allowed, return ordered

Appeal allowed and return ordered; the removal was wrongful and none of the exceptions had been established.

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

Return ordered

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

Appeal dismissed, return ordered

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

Return ordered

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

Return ordered