Habitual Residence - Art. 3 | Jurisdiction Issues - Art. 16
10 12 19
Appeal allowed; the Luxembourg courts had no jurisdiction.
Habitual Residence - Art. 3 | Removal and Retention - Arts 3 and 12 | Jurisdiction Issues - Art. 16 | Non-Convention Issues | Brussels IIa Regulation (Council Regulation (EC) No 2201/2003 of 27 November 2003)
3 8 10 14 16
Appeal allowed; the Supreme Court unanimously affirmed that English law retained a discretionary, residual basis of jurisdiction over children based on their British nationality. The case was remitted to the trial court to decide whether to exercise this jurisdiction. Were the trial court not to exercise the jurisdiction, a preliminary ruling application would be made to the Court of Justice of the European Union (CJEU) to enable the Supreme Court to decide on the habitual residence of the child.
European Convention on Human Rights (ECHR) | Procedural Matters
1 2 3 4 7 10 11 12 13(1)(a) 13(1)(b) 13(2) 20 13(3)
Grave Risk - Art. 13(1)(b) | Objections of the Child to a Return - Art. 13(2)
Return refused
1 7 10 12 13(1)(b) 13(2) 19 26
Return refused; the removal had been wrongful, but Article 13(1)(b) had been proved to the standard required under the Convention.
Rights of Custody - Art. 3
1 2 3 4 5 6 10 14 19 12(2) 12(1) 26
Return refused; the retention was not wrongful as the father had consented to the relocation of the child.
Aims of the Convention - Preamble, Arts 1 and 2 | Grave Risk - Art. 13(1)(b) | Role of the Central Authorities - Arts 6 - 10
3 8 9 10 11 12 13(1)(b) 13(2) 16 19 29
Appeal allowed and case remitted to the District Court to consider remedies that might allow both the return of the children to their habitual residence and their protection from harm pending a custody hearing in France.
Habitual Residence - Art. 3 | Removal and Retention - Arts 3 and 12 | Acquiescence - Art. 13(1)(a) | Grave Risk - Art. 13(1)(b) | Procedural Matters
3 6 8 9 10 11 13(1)(b)
Appeal dismissed; the Court of Appeal had rightly found the children's retention to be wrongful and the exceptions inapplicable.
Rights of Custody - Art. 3 | Grave Risk - Art. 13(1)(b) | Objections of the Child to a Return - Art. 13(2) | Settlement of the Child - Art. 12(2)
2 3 7 10 11 12 13(1)(a) 13(1)(b) 13(2) 14 13(3) 12(2) 12(1)
Return refused; the removal was wrongful, being in breach of the father's rights of custody, but the older siblings had valid objections to a return and the children would face a grave risk of harm if separated.
Habitual Residence - Art. 3 | Grave Risk - Art. 13(1)(b) | Objections of the Child to a Return - Art. 13(2) | Procedural Matters
Appeal allowed, return ordered
3 10 11 12 13(1)(b) 30
Appeal allowed; return ordered.
