Case Law Search

Habitual Residence - Art. 3 | Rights of Custody - Art. 3 | Grave Risk - Art. 13(1)(b) | Human Rights - Art. 20

Appeal dismissed, return ordered

Appeal dismissed and return ordered; the removal was wrongful as it was in breach of the father's rights of custody and the child was habitually resident in Greece at the relevant date.

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

Return ordered

Return ordered; the removal was wrongful and neither Article 13(1)(b) nor Article 13(2) had been proved to the standard required by the Convention.

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

Appeal allowed, return refused

Appeal of the mother allowed; removal wrongful but return refused; the standard required under Article 13(1)(b) had been met. The court found that a high probability existed that the father would violate the undertakings he had given and, as a consequence, the children would remain at grave risk if returned.

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

Appeal allowed, return ordered

Appeal allowed and return ordered; the retention was wrongful as the children were habitually resident in Australia at the relevant date. The standard of harm required under Article 13(1)(b) had not been met.

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

Return ordered

Return ordered; the removal was in breach of the father's actually exercised rights of custody and was therefore wrongful.

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

Return ordered

Return ordered; the removal was wrongful and Article 13(1)(b) was not proved to the standard required under the Convention.

Rights of Access - Art. 21

Access order made in same terms as the original English access order.

Rights of Custody - Art. 3

Return ordered

Return ordered; the retention of the child was wrongful and none of the exceptions had been proved to the standard required under the Convention.

Grave Risk - Art. 13(1)(b) | Undertakings | Interpretation of the Convention

Appeal allowed and case remitted to the trial court to determine whether sexual abuse of the children had occurred and whether the children would consequently be at a grave risk of physical or psychological harm or of otherwise being placed in an intolerable situation if returned.

Grave Risk - Art. 13(1)(b) | Settlement of the Child - Art. 12(2) | Procedural Matters

Appeal dismissed, return refused

Appeal dismissed. Retention wrongful but return refused; the standard required under Article 12(2) had been reached to show the children were settled in their new environment.

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

Return ordered

Return ordered; the removal was wrongful as the child was habitually resident in England at the relevant date.

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

Return refused

Return refused; the removal was wrongful but the standard required under Article 13(1)(b) to indicate a grave risk of physical and psychological harm had been met.

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

Return refused

Return refused; the removal was wrongful but the standard required under Article 13(1)(b) to indicate a grave risk of physical and psychological harm had been met.

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

Return ordered subject to undertakings

Return ordered, subject to undertakings; the removal was wrongful as it was in breach of the father's rights of custody and the standard of harm required under Article 13(1)(b) had not been met. Order stayed to permit the mother a short time to reconsider her position on accompanying the children.

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 none of the exceptions had been proved to the standard required under the Convention.

Consent - Art. 13(1)(a) | Procedural Matters

Appeal dismissed, return ordered

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

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

Return ordered

Return ordered; the removal was wrongful and none of the exceptions had been proved to the standard required under the Convention.

Rights of Custody - Art. 3 | Procedural Matters

Application dismissed

Application dismissed; the removal was wrongful as it breached the rights of custody vested in the Ontario Court seized of the proceedings.