Case Law Search

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

Return ordered

Appeal dismissed and return ordered; even though the parents had no legal status to work or to remain on any permanent basis in the United States of America, the children were habitually resident in California immediately before the wrongful removal.

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

Appeal dismissed, return ordered

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

Aims of the Convention - Preamble, Arts 1 and 2 | Habitual Residence - Art. 3 | Procedural Matters

Return ordered

Return ordered; the child was habitually resident in the United States on the relevant date.

Rights of Custody - Art. 3 | Procedural Matters

Return ordered

Return ordered; the removal was in breach of rights of custody and was therefore wrongful.

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

Appeal dismissed, return refused

Appeal dismissed and return refused; the retention was wrongful but the conditions for application of the exception of Article 13(1)(b) were met.

Interpretation of the Convention

Appeal dismissed, application dismissed

Appeal dismissed; application dismissed. At the start of the wrongful retention, the Convention was not yet in force in Austria.

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

Return ordered

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

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

Appeal dismissed, return refused

Appeal dismissed and return refused; the removal was wrongful but the standard of harm required under Article 13(1)(b) had been proved.

Removal and Retention - Arts 3 and 12 | Acquiescence - Art. 13(1)(a) | Grave Risk - Art. 13(1)(b)

Return ordered

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

Rights of Access - Art. 21

Access ordered; the maternal grandmother possessed rights of access pursuant to the order of the Superior Court of Arizona and those rights had been breached by the father's actions.

Rights of Access - Art. 21 | Procedural Matters

Application dismissed

Application dismissed; in the absence of a court order conferring him access rights, the father did not have the standing to bring an application for access pursuant to the Family Law (Child Abduction Convention) Regulations.

Rights of Custody - Art. 3

Appeal dismissed, application dismissed

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

Return ordered

Return ordered; the State was liable for travel costs involved in the return but the court reserved the right to recover some or all of those costs from the mother.

Human Rights - Art. 20

Appeal allowed; the decision of the court of appeal was wrong in law and quashed. The return application was remitted to a lower court for re-hearing.

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

Appeal allowed, return ordered

Settlement of the Child - Art. 12(2) | Procedural Matters

Appeal dismissed, return refused

Appeal dismissed and return refused; more than one year had passed between the retention and the filing of the legal action and it was not contested that the children were settled in their new environment. 

Aims of the Convention - Preamble, Arts 1 and 2 | Grave Risk - Art. 13(1)(b) | Objections of the Child to a Return - Art. 13(2) | Settlement of the Child - Art. 12(2) | Human Rights - Art. 20 | Procedural Matters

Return ordered

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

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

Appeal allowed, return ordered

Appeal allowed, return ordered.

Removal and Retention - Arts 3 and 12 | Grave Risk - Art. 13(1)(b) | Objections of the Child to a Return - Art. 13(2) | Procedural Matters

Appeal dismissed, return ordered

Appeal dismissed; the retention was wrongful and the grounds for exception under the Convention were not applicable.

Grave Risk - Art. 13(1)(b) | Undertakings | Issues Relating to Return

Return ordered subject to undertakings

Removal wrongful and return ordered; Article 13(1)(b) had not been proved to the standard required under the Convention.