Case Law Search

Rights of Custody - Art. 3

Appeal allowed, application dismissed

Appeal allowed and application dismissed; the removal of the child did not breach any rights of custody and was not therefore wrongful.

Human Rights - Art. 20

Application dismissed and return ordered; the Convention does not violate the Irish Constitution.

Consent - Art. 13(1)(a) | Settlement of the Child - Art. 12(2) | Acquiescence - Art. 13(1)(a)

Appeal dismissed, return ordered

Appeal dismissed, removal wrongful and return ordered; the standard required under Article 12(2) had not been met to show the children were settled in their new environment. The standard required had been met under Article 13(1)(a) to show that the father had acquiesced in the removal, however, the court exercised its discretion to make a return order.

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

Appeal dismissed, return refused

Appeal dismissed, removal wrongful but return refused; the standard of harm required under Article 13(1)(b) had been made out.

Grave Risk - Art. 13(1)(b) | Human Rights - Art. 20

Appeal allowed, return ordered

Appeal allowed, retention wrongful and return ordered within 21 days; neither Article 13(1)(b) nor Article 20 had been proved to the standard required.

Habitual Residence - Art. 3 | Acquiescence - Art. 13(1)(a) | Undertakings

Return ordered

Return ordered; the child was habitually resident in the United Kingdom on the relevant date and his removal to Australia, without the father's consent or acquiescence, was wrongful.

Procedural Matters

Appeal allowed; the child was habitually resident in Sweden at the relevant date. The case was remitted to the High Court for a hearing to determine if an Article 13 exception applied.

Acquiescence - Art. 13(1)(a) | Grave Risk - Art. 13(1)(b) | Objections of the Child to a Return - Art. 13(2) | Settlement of the Child - Art. 12(2)

Return refused

Retention wrongful but return refused; the child was settled in his new environment in terms of Article 12(2); the mother had acquiesced in the retention in terms of Article 13(1)(a); and 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 in terms of Article 13(2).

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

Return ordered

Removal wrongful and return ordered; the children were habitually resident in the United States at the relevant date, and the standard required under Articles 13(1)(a) and 13(1)(b) had not been met.

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

Application dismissed

Application dismissed; the children were habitually resident in Australia on the relevant date.

Acquiescence - Art. 13(1)(a) | Grave Risk - Art. 13(1)(b)

Return refused

Removal wrongful but return refused; the standard had been met under Article 13(1)(a) to show that the father had acquiesced in the removal and under Article 13(1)(b) to show that the children would face a grave risk of harm if returned.

Consent - Art. 13(1)(a)

Return ordered

Return ordered; the standard had been met under Article 13(1)(a) to show that the mother had consented, however, the court exercised its discretion to order the return of the children.

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

Return ordered with undertakings offered

Return ordered and undertakings offered; the removal was wrongful and the standard required under Article 13(1)(b) to indicate that the child would face a grave risk of physical harm had not been met.

Interpretation of the Convention

Appeal allowed; the District Court had abused its discretion in denying the motion to set aside.

Aims of the Convention - Preamble, Arts 1 and 2 | Rights of Custody - Art. 3 | Grave Risk - Art. 13(1)(b) | Undertakings | Interpretation of the Convention

Appeal dismissed, return ordered

Appeal dismissed and return ordered forthwith subject to undertakings. The child had been wrongfully removed and none of the exceptions applied.

Aims of the Convention - Preamble, Arts 1 and 2 | Rights of Custody - Art. 3 | Procedural Matters | Interpretation of the Convention

Appeal dismissed, return ordered

The court found that the Convention was not applicable to the case but dismissed the appeal on the basis that the child's interests were best served by a return to the United States.

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

Return refused

Removal was wrongful, but return refused, the standard of harm required under Article 13(1)(b) had been met.

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

Return ordered

Return ordered; matter was stood down to allow the mother to reconsider whether she would return to Germany with the child.

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

Appeal allowed, return refused

The High Court allowed the appeal in both cases. The cases were remitted to the Full Court of the Family Court for further consideration consistent with the reasons for judgment of the High Court.

Consent - Art. 13(1)(a)

Challenge to legality dismissed; the retention was wrongful but the standard required under Article 13(1)(a) had been met to show that the father had consented. The return was therefore refused.