Case Law Search

Removal and Retention - Arts 3 and 12

Appeal dismissed, application dismissed

Appeal dismissed and application dismissed; the removal was not wrongful as the father had consented to the relocation of the child on the basis of Article 13(1)(a).

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

Return ordered

Removal wrongful and return ordered; the father was to have sole possession of the children's travel documentation.

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

Return ordered

Removal wrongful and return ordered, with the father ordered to pay the costs of return; the child was habitually resident in Turkey at the time of her removal and none of the exceptions had been established to the standard required under the Convention.

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

Appeal dismissed, return refused

One child wrongfully removed at age 1 – National of Ukraine – Married parents – Father national of Ukraine – Mother national of Ukraine – Mother and father have joint custody –Child lived in Ukraine until 02.03.2022 –Application for return filed with the Central Authority/courts (choose!) of [State] on [date] –Return refused – Main issue(s): Art. 13(1)(b) grave risk exception to return  – [Summary of the outcome of the main contentious issue(s) The return of a child to a war zone where it could be exposed to a real threat entails a serious risk of physical or psychological harm being caused to the child.

Habitual Residence - Art. 3

Return ordered

Return ordered; the removal was wrongful as the child was habitually resident in Ireland on the relevant date.

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 and neither Article 13(1)(b) nor Article 13(2) had been proven to the standard required.

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

Return ordered

Return ordered; none of the exceptions had been established to the standard required under the Convention. The Australian authorities were in a position to provide for the well-being of the children, if that was required.

Rights of Custody - Art. 3 | Interpretation of the Convention

Appeal allowed; the removal was wrongful but the case was remitted to the Family Court in Christchurch to enable it to determine whether any of the exceptions were applicable.

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

Return ordered

Return ordered; the children were habitually resident in Australia at the relevant date, and the standard required under Article 20 to show a breach of the children's constitutional rights had not been met.

Grave Risk - Art. 13(1)(b) | Human Rights - Art. 20

Appeal dismissed, return ordered

Appeal dismissed and return ordered; there had been a wrongful removal and neither Article 13(1)(b) nor Article 20 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 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.

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

Appeal dismissed, return refused

Appeal dismissed and return refused; the retention was wrongful but the child objected to a return and was of an appropriate age and maturity to have her views taken into account.

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

Return refused

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

Appeal dismissed, return ordered

Appeal dismissed and return ordered; the removal was wrongful and none of the exceptions were established to the standard required under the Convention.

Aims of the Convention - Preamble, Arts 1 and 2 | Rights of Custody - Art. 3 | Grave Risk - Art. 13(1)(b) | Undertakings | Procedural Matters

Return ordered

Return ordered; the removal was wrongful as it was in breach of the father's actually exercised rights of custody and the standard required under Article 13(1)(b) to indicate a grave risk of harm had not been met.

Aims of the Convention - Preamble, Arts 1 and 2 | Rights of Custody - Art. 3 | Acquiescence - Art. 13(1)(a) | Grave Risk - Art. 13(1)(b)

Appeal allowed, return ordered

Appeal allowed and return ordered; the removal was wrongful as it was in breach of the father's rights of custody, and none of the exceptions had been proved to the standard required under the Convention.

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

Challenge to legality dismissed; the removal was wrongful but Articles 13(1)(b) and 13(2) had been proved to the standard required under the Convention. The return was therefore refused.

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

Appeal dismissed, return ordered

Appeal dismissed and return ordered; the retention was wrongful and Article 13(1)(b) had not been proved to the required standard.

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

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.

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

Appeal dismissed, return ordered

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