Case Law Search

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.

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.

Habitual Residence - Art. 3 | Grave Risk - Art. 13(1)(b) | Undertakings | Issues Relating to Return |

Return ordered with undertakings offered

One child allegedly wrongfully retained at age 5 and a half – National of Ukraine and the United Kingdom – Father national of the United Kingdom and South Africa – Mother national of Hungary and Ukraine – Child lived in Ukraine in the mother’s custody with regular contact with the father – Following Russian invasion of Ukraine in late February 2022 child and Mother move to England In April 2022 – Mother plans to return to Ukraine in Summer 2022 – Father obtains Prohibited Steps Order from English Court - Application for return issued on 29 July 2022 – Main issues: habitual residence and Art. 13(1)(b) grave risk exception to return – risk of exposure to war – risk of loss of relationship with father due to alleged closure of court system and mothers hostility to father – A child’s retained roots in Ukraine support his habitual residence remains in the Ukraine – The risk faced by the child upon return to Ukraine failed to meet the threshold of ‘grave harm’ – the region was not subject to active hostility and life continued as normal – the court system was functioning – mother promoted contact – undertakings reduced any risk below grave risk threshold. – Return ordered

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

Appeal dismissed, application dismissed

1 child allegedly wrongfully removed at age 13 – National of Canada – Divorced parents – Parents have joint custody and mother has primary care – Child lived in Arizona, USA until August 2017 – Application for return filed with the courts of Alberta, Canada on May 18, 2018 – Application dismissed – Main issue: Art 13(1)(b) – It would be an intolerable situation to return the child to Arizona as neither parent resides there.

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

Appeal allowed, return refused

Appeal allowed; return refused.

Settlement of the Child - Art. 12(2)

Case remitted to lower court

The case was remanded to the district court to determine whether, in the exercise of its equitable discretion, a return to Brazil is still appropriate despite the child’s "settled" status.

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.