Case Law Search

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

Acquiescence - Art. 13(1)(a) | Procedural Matters | Interpretation of the Convention

Appeal allowed, return ordered

Appeal allowed and return ordered; Article 13(1)(a) was not established.

Removal and Retention - Arts 3 and 12

Appeal dismissed, application dismissed

Appeal dismissed and application dismissed; there had been no wrongful removal as the Convention had not entered into effect between the United Kingdom and Ontario at the relevant date.

Removal and Retention - Arts 3 and 12

Appeal dismissed; the Court of Appeal had rightly taken into account the High Court judgment to refuse a return order.

Habitual Residence - Art. 3 | Rights of Custody - Art. 3 | Grave Risk - Art. 13(1)(b) | Issues Relating to Return | Procedural Matters

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

Appeal dismissed; the Court of Appeal had rightly found the children's retention to be wrongful and the exceptions inapplicable.

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.

Habitual Residence - Art. 3

Appeal allowed, application dismissed

Appeal allowed and application dismissed; the retention was not wrongful as the children had lost their Israeli habitual residence by the relevant date.

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

Appeal dismissed, return ordered

Appeal dismissed and return order upheld; the retention was wrongful the child being habitually resident in France at the relevant date, and none of the exceptions had been established to the standard required under the Hague Convention.

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

Appeal allowed, the exception of grave risk was inapplicable; case returned to the Superior Court of the canton of Lucerne for a ruling on the terms of the return to Burkina Faso.

Aims of the Convention - Preamble, Arts 1 and 2 | Habitual Residence - Art. 3 | Acquiescence - Art. 13(1)(a) | Legal Doctrine

Appeal dismissed, return ordered

Appeal dismissed, return upheld. The removal was wrongful and none of the exceptions raised was applicable.

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

Appeal dismissed, return ordered

Appeal dismissed and return ordered; the removal was wrongful and Article 13(1)(b) had not been proved to the standard required under the Convention.

Human Rights - Art. 20

Appeal dismissed, return ordered

Appeal dismissed and return ordered; Article 20 of the 1980 Hague Child Abduction Convention was not engaged by the facts of the case.

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

Appeal allowed, return ordered

Appeal allowed, return ordered. The removal was wrongful and the exception asserted inapplicable.

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.

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

Appeal dismissed and return of older sibling ordered; his removal had been wrongful and the Article 13(1)(b) exception had not been established.

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.