Case Law Search

Habitual Residence - Art. 3 | Rights of Custody - Art. 3 | Brussels IIa Regulation (Council Regulation (EC) No 2201/2003 of 27 November 2003)

Preliminary Ruling issued, case remitted to United Kingdom (England & Wales) courts.

Acquiescence - Art. 13(1)(a)

Appeal allowed, return refused

Issues Relating to Return | Procedural Matters

Habitual Residence - Art. 3

Application dismissed

Application dismissed; the child's habitual residence was in Israel at the date of the removal and so the Convention did not apply.

Habitual Residence - Art. 3 | Issues Relating to Return | Procedural Matters

Return order refused. Non return order in French Convention proceedings upheld.

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

Appeal dismissed; the Cour de cassation ruled that the Court of Appeal had correctly deemed that the return would not expose the children to a grave risk.

Non-Convention Issues

Appeal allowed, return ordered

Appeal allowed and return ordered; notwithstanding the period of almost 3 years spent in the United Kingdom, it was in the best interests of the children to return to Mozambique, their mother, a failed asylum seeker, having no realistic prospect of being allowed to remain.

Article 15 Decision or Determination | Issues Relating to Return

Appeal dismissed, granting of Article 15 declaration confirmed

Appeal dismissed and declaration upheld; jurisdiction existed to make an Art 15 declaration at the behest of the father.

Rights of Custody - Art. 3

Appeal dismissed, return refused

Rights of Custody - Art. 3 | Human Rights - Art. 20 | Procedural Matters

Appeal allowed, return ordered

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

Appeal dismissed and return order upheld: the Court of Appeal had proper grounds to order the children's return to Italy.

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

Appeal dismissed; the Court of Appeal had duly applied the provisions of the Brussels II a Regulation (Council Regulation (EC) No 2201/2003 of 27 November 2003).

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

Appeal dismissed, return refused

Appeal dismissed and return refused; the retention was wrongful, but acquiescence had been established to the standard required under the Convention.

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

Challenge against the legality of the appellate judgment dismissed and return order confirmed; the retention was wrongful and Article 13(1)(b) had not been made out to the standard required under the Convention.

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

Appeal dismissed, return refused

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

Appeal dismissed, return ordered

Appeal dismissed and return ordered; a grave risk of harm for the purposes of Article 13(1)(b) had not been established to the standard required by the Convention.

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

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

Appeal dismissed, return ordered

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

Aims of the Convention - Preamble, Arts 1 and 2 | Objections of the Child to a Return - Art. 13(2) | Settlement of the Child - Art. 12(2) | Issues Relating to Return

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.

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

Return ordered

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