Case Law Search

Aims of the Convention - Preamble, Arts 1 and 2 | Consent - Art. 13(1)(a) | Grave Risk - Art. 13(1)(b) | Issues Relating to Return

Return refused

Removal wrongful but return refused; Article 13(1)(a) and Article 13(1)(b) had both been proved to the standard required under the 1980 Hague Child Abduction Convention.

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

Appeal dismissed, return ordered

Appeal dismissed and return refused. The removal was wrongful but the exceptions in Articles 13(1)(a), 13(1)(b) and 13(2) had been made out to the standard required under the Convention. In addition the father's lack of good faith barred him from receiving the court's assistance.

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

Appeal dismissed, return ordered

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

Appeal dismissed, return refused

Appeal dismissed and return refused; the removal was wrongful but the standard of harm required under Article 13(1)(b) had been proved.

Return refused

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.

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

Return refused

Return refused; the applicant father was found to have consented to the child living in South Africa permanently and the child would face a grave risk of harm if returned to the applicant.

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

Return ordered

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

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

Return ordered

Return ordered; the removal of the child was wrongful as it was in breach of the father's 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 | Habitual Residence - Art. 3 | Grave Risk - Art. 13(1)(b)

Return ordered

Removal wrongful and return ordered; the child was habitually resident in Switzerland at the time of the removal and the standard required under the Article 13 exceptions had not been made out.

Rights of Custody - Art. 3

Appeal dismissed, return ordered

Appeal dismissed and return ordered; the removal was wrongful as it breached the father's rights of custody.

Habitual Residence - Art. 3

Application dismissed

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

Rights of Custody - Art. 3 | Human Rights - Art. 20 | Procedural Matters

Appeal dismissed, return refused

Appeal dismissed and return refused; the return of the child would be contrary to the basic principles of Spanish law concerning the protection of human rights and basic liberties; the strict standard required under Article 20 had been made out.

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

Appeal allowed, return ordered

Acquiescence - Art. 13(1)(a) | Grave Risk - Art. 13(1)(b) | Settlement of the Child - Art. 12(2) | Procedural Matters

Appeal dismissed, return ordered

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

Return refused

Removal wrongful but return refused; a return would expose the child to a grave risk of an intolerable situation.

Aims of the Convention - Preamble, Arts 1 and 2 | Consent - Art. 13(1)(a)

Challenge upheld; the actions of the Swiss authorities had led to a breach of the father's right to family life under Art 8 ECHR.

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

Appeal allowed, return refused

Procedural Matters

Removal wrongful and return ordered. However, the subsequent concealment of the child for eight years made enforcement of the original return order impossible.

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

Return ordered