Case Law Search

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

Return ordered

The Court found that the retention of the children in South Africa was wrongful and ordered their return to New Zealand.

Acquiescence - Art. 13(1)(a)

Appeal dismissed. The Court of Appeal had proper grounds to hold that the retention was wrongful, and had observed correctly that the father had acquiesced in the child's residence in France.

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

Return refused

Return refused; the removal was wrongful, but there was a grave risk that a return would expose the child to psychological harm and place him in an intolerable situation.

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.

Settlement of the Child - Art. 12(2)

Appeal dismissed, return ordered

Appeal dismissed and return ordered; the trial judge had not erred in the exercise of his discretion in making a return order notwithstanding having found the children to be settled in their new environment and that they objected to a return.

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

Appeal dismissed, return refused

Appeal dismissed and return ordered. The child's removal was wrongful and the exception of Article 13 inapplicable.

Consent - Art. 13(1)(a)

Return ordered

Retention wrongful and return ordered; the father had not consented to the relocation of his children to England.

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

Appeal dismissed, return ordered

Appeal dismissed and return ordered.  The removal was wrongful; the children were habitually resident in Spain on the relevant date and consent had not been established.

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

Appeal dismissed, return ordered

1 child wrongfully retained at age 2 - Married parents - Father national of the United States of America - Mother national of Canada - Child lived in the United States of America until 2013 - Application for return filed in 2013 - Return ordered - Main issue: Habitual residence, acquiescence and the Art.13(1)(b) grave risk exception to return - The application of the Art. 13(1)(b) exception requires the child’s exposure to a high degree, intensity and frequency of physical or psychological abuse - A return order that does not deliver the child and parent directly to the left-behind parent upon return diminishes the risk of incidents of domestic abuse occurring, while ensuring that the appropriate forum adjudicates the merits of custody and access issues

Rights of Custody - Art. 3

Appeal allowed, return refused

1 child allegedly wrongfully removed at age 13 - Divorced parents - Father had been granted custody - Child lived in Germany until March 2010 - Application for return filed with the Central Authority of Germany on 7 June 2010 - Return refused - Main issues: Rights of custody - The parent who issued the return request had not been exercising his custody rights at the time of removal, and therefore the removal could not be considered wrongful within the meaning of the 1980 Child Abduction Hague Convention

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

Return ordered subject to undertakings

2 children wrongfully removed (born in 2005 and 2007) - Separated parents - The Purvian courts had effectively granted temporary custody to the mother on 21 November 2013, and then to the father on 1 October 2014 (following the removal)  - Children lived in Peru until 20 February 2014 - Application for return filed with the District Court on 17 February 2015 - Return ordered subject to undertakings - Main issues: rights of custody, Art.13(1)(b) "grave risk" exception to return, undertakings - A very severe degree of psychological abuse is sufficient to conclude that the Art. 13(1)(b) "grave risk" exception to return under the 1980 Hague Child Abduction Convention applies, even in cases in which there is very little or no evidence of physical abuse

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

Appeal allowed, return ordered

Appeal allowed, return ordered. The mother's allegation of grave risk was not found to be proved.

European Convention on Human Rights (ECHR)

The Court unanimously ruled that Hungary had breached Article 8 of the ECHR where domestic courts failed to act expeditiously in the proceedings to return the child and the national authorities had failed to take adequate and effective measures for the enforcement of the return order. It also awarded the father compensation under Article 41 of the ECHR.

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

Appeal allowed, return ordered

Return ordered; the "grave risk of harm" exception had not been established.

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

Appeal dismissed, return ordered

Appeal dismissed insofar as it was admissible. In particular, the mother had failed to prove the existence of acquiescence or a grave risk of danger.

Rights of Custody - Art. 3 | Acquiescence - Art. 13(1)(a) | Grave Risk - Art. 13(1)(b) | Issues Relating to Return | Procedural Matters

Appeal dismissed, return ordered

Appeal dismissed, return ordered. The removal was wrongful and none of the exceptions invoked was applicable.

Habitual Residence - Art. 3 | Acquiescence - Art. 13(1)(a) | Grave Risk - Art. 13(1)(b) | Settlement of the Child - Art. 12(2) | Jurisdiction Issues - Art. 16 | Brussels IIa Regulation (Council Regulation (EC) No 2201/2003 of 27 November 2003)

Return refused

Removal wrongful but return refused; the child was settled in his new environment and the Court exercised its discretion not to order his return.

Acquiescence - Art. 13(1)(a)

Appeal dismissed, application dismissed

Appeal dismissed, application dismissed. The father had acquiesced.

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

Appeal allowed, return ordered

Appeal allowed and return ordered; acquiescence had not 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) | Settlement of the Child - Art. 12(2)

Return refused

Return refused; the removal was wrongful, being in breach of the father's rights of custody, but the older siblings had valid objections to a return and the children would face a grave risk of harm if separated.