Case Law Search

Habitual Residence - Art. 3

Return ordered

Removal wrongful and return ordered; the child was habitually resident in Israel on the relevant date.

Rights of Custody - Art. 3

Challenge to legality dismissed; there had been no breach of custody rights. The application was therefore dismissed.

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

Challenge to legality dismissed; the child's objections satisfied the standard required under Article 13(2) of the Convention.

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

Appeal dismissed, return ordered

Appeal dismissed and return ordered; the removal was wrongful as the father held custody rights which were breached by the removal and none of the exceptions had been proved to the standard required under the Convention.

Rights of Custody - Art. 3

Return ordered

Appeal allowed and return ordered; the retention was wrongful and none of the exceptions had been proved to the standard required under the Convention.

Rights of Custody - Art. 3

Appeal dismissed, application dismissed

Appeal dismissed and application dismissed; the removal of the child was not wrongful as no rights of custody had been breached.

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

Return ordered

Returned ordered; neither Article 13(1)(a) nor Article 13(1)(a) had been proved to the standard required under the Convention.

Interpretation of the Convention

Appeal dismissed; refusal to make a custody order upheld. The Court held that Article 16 prohibits a custody decision on the merits where a return order has been made but not yet enforced.

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

Return ordered

Retention wrongful and return ordered; the Agency was found to have rights of custody, while the child was deemed to be habitually resident in the USA. Article 13(1)(b) was not proved to the standard required under the Convention.

Rights of Access - Art. 21 | Procedural Matters

Application for access under Article 21 allowed to proceed.

Habitual Residence - Art. 3 | Removal and Retention - Arts 3 and 12 | Rights of Custody - Art. 3 | Procedural Matters

Appeal dismissed, return refused

Appeal dismissed and return refused; the children were habitually resident in Australia at the relevant date.

Habitual Residence - Art. 3 | Procedural Matters

Application dismissed

Application dismissed; the children had lost their Californian habitual residence. Consequently there could be no wrongful retention.

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

Application dismissed

Application dismissed; the girls had lost their New Zealand habitual residence at the time of the alleged retention. Consequently there could be no wrongful retention.

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

Appeal dismissed and return refused; the majority held that the agreement that mother and child could return to Scotland if the relationship failed remained in existence, therefore the father was regarded as having consented to the removal.

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

Appeal allowed; the retention was wrongful as the child had been habitually resident in Australia at the relevant date. The case was remitted to the District Court to rule on whether any of the exceptions might apply.

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

Appeal dismissed, return ordered

Appeal dismissed and return ordered; 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.

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)

Return ordered subject to undertakings

Return ordered, subject to undertakings; the standard required under Article 13(1)(b) to indicate that the children would face a grave risk of harm had not been met.

Aims of the Convention - Preamble, Arts 1 and 2 | Objections of the Child to a Return - Art. 13(2)

Return refused

Return refused; the removal was wrongful, but, on the strength of the child's objection to a return to Switzerland, the court exercised its discretion under Article 13(2) not to send her back.

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

Return ordered

Return ordered; the removal of the child was wrongful and none of the exceptions was applicable.

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

Appeal dismissed, return refused

Appeal dismissed and return refused; the father had acquiesced in the retention of the children.