Case Law Search

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

Appeal dismissed, return ordered

Appeal dismissed and return ordered; the father had not acquiesced in the removal of the children. The Court of Appeal also found that the trial judge had not erred in the manner in which he had made a determination as to the age and maturity of the eldest child.

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

The Court of Appeal allowed the appeal and held that the father had acquiesced in the removal of the child. The case was then remitted to the High Court to exercise its discretion whether or not to order the return of the child.

Consent - Art. 13(1)(a) | Undertakings | Procedural Matters

Return refused

Return refused; there had been a wrongful removal but there was sufficient evidence to indicate consent on the part of the applicant father.

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

Appeal dismissed, return ordered

Appeal dismissed, removal wrongful and return ordered; the standard required under Article 12(2) had not been met to show the children were settled in their new environment. The standard required had been met under Article 13(1)(a) to show that the father had acquiesced in the removal, however, the court exercised its discretion to make a return order.

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

Return ordered

Return ordered; the child was habitually resident in the United Kingdom on the relevant date and his removal to Australia, without the father's consent or acquiescence, was wrongful.

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)

Return refused

Retention wrongful but return refused; the child was settled in his new environment in terms of Article 12(2); the mother had acquiesced in the retention in terms of Article 13(1)(a); and the child objected to being returned and had attained an age and degree of maturity at which it was appropriate to take account of his views in terms of Article 13(2).

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

Return ordered

Removal wrongful and return ordered; the children were habitually resident in the United States at the relevant date, and the standard required under Articles 13(1)(a) and 13(1)(b) had not been met.

Habitual Residence - Art. 3 | Rights of Custody - Art. 3 | Acquiescence - Art. 13(1)(a)

Application dismissed

Application dismissed; the children were habitually resident in Australia on the relevant date.

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

Return refused

Removal wrongful but return refused; the standard had been met under Article 13(1)(a) to show that the father had acquiesced in the removal and under Article 13(1)(b) to show that the children would face a grave risk of harm if returned.

Consent - Art. 13(1)(a)

Return ordered

Return ordered; the standard had been met under Article 13(1)(a) to show that the mother had consented, however, the court exercised its discretion to order the return of the children.

Aims of the Convention - Preamble, Arts 1 and 2 | Rights of Custody - Art. 3 | Procedural Matters | Interpretation of the Convention

Appeal dismissed, return ordered

The court found that the Convention was not applicable to the case but dismissed the appeal on the basis that the child's interests were best served by a return to the United States.

Consent - Art. 13(1)(a)

Challenge to legality dismissed; the retention was wrongful but the standard required under Article 13(1)(a) had been met to show that the father had consented. The return was therefore refused.

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

Appeal dismissed, return ordered

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

Rights of Custody - Art. 3

Challenge to legality dismissed; there had been no breach of custody rights. The application was therefore dismissed.

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

Appeal dismissed, return ordered

Appeal dismissed and return ordered; the removal was wrongful as the father held custody rights which were breached by the removal and none of the exceptions had been proved to the standard required under the Convention.

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

Return ordered

Returned ordered; neither Article 13(1)(a) nor Article 13(1)(a) had been proved to the standard required under the Convention.

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

Appeal dismissed and return refused; the majority held that the agreement that mother and child could return to Scotland if the relationship failed remained in existence, therefore the father was regarded as having consented to the removal.

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

Appeal dismissed, return refused

Appeal dismissed and return refused; the father had acquiesced in the retention of the children.

Rights of Custody - Art. 3 | Consent - Art. 13(1)(a) | Procedural Matters

Return ordered

Return ordered; there had been a wrongful removal and there was insufficient evidence to indicate consent on the part of the applicant mother.

Return refused

Return refused; the father had waived his Convention rights when he dismissed the substantive proceedings brought in the State of the child's habitual residence.