Case Law Search

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

Appeal allowed and case remitted to a different judge of the Ontario Court of Justice to re-determine the Article 13(1)(b) issues.

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

Case remitted to lower court

Three children wrongfully removed aged 4, nearly 3, and 19 months - All children born in Spain - Unmarried parents - Father national of Morocco - Mother national of UK - Children placed in foster care by Spanish authorities in September 2020 - Children returned to their parents in April 2021 - Children lived in Spain until the mother wrongfully removed them to England on 23 August 2021 - Application for return filed with the Central Authority of England and Wales on 25 February 2022 by the father - Return ordered - Mother appealed under art.13(1)(a) and (b) - Appeal allowed, case remitted - Main issues: first instance judge should have heard oral evidence on the issue of consent and should have considered allegations under art.13(1)(b) collectively, not independently

Acquiescence - Art. 13(1)(a) | Settlement of the Child - Art. 12(2)

Appeal dismissed, return ordered

Appeal dismissed and return ordered; the standard required under Articles 12(2) and 13(1)(a) had not been reached.

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

Return ordered

Return ordered; while the boy's objections to a return were valid and should be taken into account, the girl's were not and it was held that they should not be separated.

Acquiescence - Art. 13(1)(a) | Procedural Matters | Interpretation of the Convention

Appeal allowed, return ordered

Appeal allowed and return ordered; Article 13(1)(a) was not established.

Acquiescence - Art. 13(1)(a) | Procedural Matters

Appeal allowed, return refused

Appeal allowed and return refused; the father had acquiesced in the retention of his son. The court exercised its discretion not to order the return of the child.

Consent - Art. 13(1)(a) | Acquiescence - Art. 13(1)(a)

Appeal dismissed, return ordered with undertakings offered

Appeal dismissed and return ordered, undertakings offered; the standard required under Article 13(1)(a) to indicate consent or acquiescence of the removal had not been met.

Aims of the Convention - Preamble, Arts 1 and 2 | Objections of the Child to a Return - Art. 13(2)

Appeal allowed, return refused

Appeal allowed and return refused. The Lord Ordinary had erred in the exercise of his discretion with respect to the objections of the younger child.

Aims of the Convention - Preamble, Arts 1 and 2 | Consent - Art. 13(1)(a) | Role of the Central Authorities - Arts 6 - 10 | Procedural Matters

Return ordered

Return ordered; the standard required under Articles 13(1)(a) and 13(1)(b) had not been met.

Acquiescence - Art. 13(1)(a)

Appeal dismissed, return ordered

Appeal dismissed and return ordered; the retention was wrongful and the father had not acquiesced in the children's retention.

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

Return ordered

Return ordered; the removal was wrongful and neither Article 13(1)(b) nor Article 13(2) had been proven 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) | Procedural Matters

Return ordered

Return ordered; although the children objected to a return there was evidence of external pressure and the court exercised its discretion to make a return order, finding that the appropriate forum for a substantive custody hearing was South Africa.

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

Return ordered

Retention wrongful and return ordered. Acquiescence on the part of the applicant parent was established to the standard required under Article 13(1)(a) but the court nevertheless exercised its discretion to order the return of the child. None of the other exceptions had been proved to the standard required under the Convention.

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

In respect of the elder child: The Convention was not applicable, the child having attained the age of 16 by the date of the hearing. In respect of the younger child: 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) | Settlement of the Child - Art. 12(2) | Procedural Matters

Appeal dismissed, return refused

Appeal dismissed and return refused; the removal was wrongful but on the basis of the children's objections a return order was refused.

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

Return ordered

Return ordered; the removal was wrongful having been in breach of actually exercised rights of custody and none of the exceptions had been proved to the standard required under the Convention.

Rights of Custody - Art. 3

Return ordered

Removal wrongful and return ordered; the father was actually exercising his rights of custody and none of the exceptions had been proved to the standard required under the Convention.

Habitual Residence - Art. 3

Application dismissed

Application dismissed; the child was not habitually resident in Australia on the relevant date.

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

Return ordered

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

Consent - Art. 13(1)(a)

Return refused

Retention wrongful but return refused; the standard required under Article 13(1)(a) had been proved to show that the father had consented to the children living in Finland.