Case Law Search

Rights of Custody - Art. 3

Appeal dismissed, return ordered

Appeal dismissed and return ordered; the removal was wrongful and none of the exceptions were established to the standard required under the Convention.

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

Appeal allowed, return ordered

Appeal allowed and return ordered; the removal was wrongful as it was in breach of the father's rights of custody, and none of the exceptions had been proved to the standard required under the Convention.

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 neither Article 13(1)(b) nor Article 13(2) had been proved to the standard required under the Convention.

Habitual Residence - Art. 3 | Acquiescence - Art. 13(1)(a) | 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 proved to the standard required under the Convention.

Habitual Residence - Art. 3 | Undertakings | Settlement of the Child - Art. 12(2)

Appeal allowed, return ordered with undertakings offered

Appeal dismissed and return ordered with undertakings offered; the removal was wrongful as the child was habitually resident in the United States at the relevant date.

Acquiescence - Art. 13(1)(a)

Appeal allowed, return refused

Appeal allowed and return refused; the standard required under Article 13(1)(a) to indicate acquiescence to a removal had been met.

Habitual Residence - Art. 3 | Acquiescence - Art. 13(1)(a) | Objections of the Child to a Return - Art. 13(2)

Return refused

Return refused; the removal was wrongful but the standard required under Article 13(1)(a) had been met to indicate that the father had acquiesced.

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

Return refused

Return refused; the removal was wrongful, but the court exercised its discretion under Article 13(2) not to make a return order.

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

Appeal dismissed, return refused

Appeal dismissed and return refused; the standard required under Article 13(1)(a) had been met to show that the father had acquiesced.

Objections of the Child to a Return - Art. 13(2) | Procedural Matters

It was inappropriate for the children to be represented by either of the parties or by the court welfare officer, therefore they were to be separately represented by their guardian ad litem.

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

Appeal dismissed, return ordered

Appeal dismissed and return ordered; the retention of the children was wrongful and the standard required under Article 13(1)(a) had not been met to show the father had acquiesced.

Aims of the Convention - Preamble, Arts 1 and 2 | Grave Risk - Art. 13(1)(b) | Objections of the Child to a Return - Art. 13(2) | Settlement of the Child - Art. 12(2)

Return ordered

Return ordered; the standard required under Articles 13(1)(b), 13(2) and 12(2) had not been met.

Rights of Custody - Art. 3 | Acquiescence - Art. 13(1)(a) | Settlement of the Child - Art. 12(2)

Return ordered

Return ordered; the removal of the child was wrongful, and neither Article 12(2) nor Article 13(1)(a) had been proved to the standard required under the Convention.

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

Appeal allowed, return refused

Appeal allowed and return refused; the standard required under Article 13(1)(a) to show acquiescence had been met.

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

Return ordered

Return ordered; the removal was wrongful as it breached the father's rights of custody. The standard required under Article 13(1)(b) to indicate that the child would face a grave risk of physical harm had not been met.

Acquiescence - Art. 13(1)(a)

Appeal dismissed, return refused

Appeal dismissed and return refused; the Court of Appeal upheld the exercise of discretion by the trial judge.

Consent - Art. 13(1)(a)

Application dismissed

Application dismissed; the applicant father had voluntarily consented to the removal, therefore it was not wrongful.

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

Return refused

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

Acquiescence - Art. 13(1)(a)

Appeal dismissed, return ordered

Appeal dismissed and return ordered; the father's delay in applying under the Convention was found to have been reasonable and was therefore not sufficient to show that he had acquiesced in the retention of the children.

Habitual Residence - Art. 3 | Rights of Custody - Art. 3

Appeal dismissed, return refused

The father's appeal was dismissed; there was no reason to order the return of the child since he had been taken to the State of his habitual residence.