Case Law Search

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.

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

Appeal allowed, return ordered

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

Return refused

Challenge to legality dismissed; the removal was wrongful but Article 13(1)(b) 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) | 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.

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).

Aims of the Convention - Preamble, Arts 1 and 2 | Procedural Matters

Judgment vacated and case remanded to the United States Court of Appeals for the Eleventh Circuit for further proceedings; the return of the child to Scotland did not render the case moot; there was a live dispute between the parties over where the child should be raised, and a possibility of effectual relief for the prevailing parent.

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

Appeal allowed, return ordered

Consent - Art. 13(1)(a) | Removal and Retention - Arts 3 and 12 | Settlement of the Child - Art. 12(2) | Objections of the Child to a Return - Art. 13(2)

Return ordered

Return ordered. There was no evidence that the father consented or acquiesced to the children remaining in the US. The father filed his petition for the return of the children within one year and, even if more than a year had elapsed, the children were not settled in the US for the purposes of Article 12(2).

Human Rights - Art. 20

Unanimous: appeal inadmissible; the issues relating to the consistency of the 1980 Convention with the Constitution had been resolved in an earlier case, and admissibility of the appeal was not necessary for the enforcement of fundamental rights.

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

Appeal dismissed, return refused

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

Appeal allowed, return ordered

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

Return refused

Return refused; the retention was wrongful, being in breach of the mother's rights of custody, but the child had valid objections to a return.

Habitual Residence - Art. 3 | Removal and Retention - Arts 3 and 12 | Interpretation of the Convention

In its preliminary ruling the Court noted, inter alia, that where the removal of a child has taken place in accordance with a judgment which was provisionally enforceable and which was thereafter overturned, the child's habitual residence must be determined by undertaking an assessment of all the circumstances of fact. Whilst it was possible the child's habitual residence may have changed, account must be taken of the fact that the judgment authorising the removal could be provisionally enforced and that an appeal had been brought.

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

Return ordered

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

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

Return ordered

Removal wrongful and return ordered; none of the exceptions under the 1980 Hague Child Abduction Convention had been proved to the standards required.

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

Appeal dismissed, return ordered

Appeal dismissed, return ordered. 

European Convention on Human Rights (ECHR) | Issues Relating to Return | Procedural Matters

The European Court of Human Rights held by six votes to one that there had been a violation of Article 8 of the ECHR on account of the Italian courts' order for the child to be returned to Italy; and unanimously that there had been no violation of Article 8 on account of the mother's absence from the hearing of the Rome Youth Court. Damages were awarded to mother and child.

Procedural Matters

Aims of the Convention - Preamble, Arts 1 and 2 | Settlement of the Child - Art. 12(2)

Appeal allowed, application dismissed

Habitual Residence - Art. 3 | Removal and Retention - Arts 3 and 12 | Rights of Custody - Art. 3

Return ordered

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