Case Law Search

Objections of the Child to a Return - Art. 13(2) | Human Rights - Art. 20

Appeal upheld, the removal was wrongful, but the additional evidence should have been taken into account. The case was remitted to the District Court Rychnov nad Knìžnou to rule on the father's application anew. The Constitutional Court further ruled that the Convention did not violate the abducting parent's rights under the Czech Constitution.

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

Appeal dismissed, return ordered

Appeal dismissed and return ordered; the removal was wrongful and the standard of harm required for Article 13(1)(b) 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)

Appeal dismissed, return refused

Appeal dismissed and return refused; the removal was wrongful but the standard required under Article 13(2) had been met to show that the child objected to a return.

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

Return refused

Return refused; the removal was wrongful but the standard of harm required under Article 13(1)(b) had been established.

Habitual Residence - Art. 3 | Grave Risk - Art. 13(1)(b) | Human Rights - Art. 20 | Procedural Matters

Return ordered

Return ordered; the removal was wrongful and the standard required under Article 13(1)(b) to indicate that the children would face a grave risk of harm had not been met. The Court also ruled that the Convention did not violate the Canadian Charter of Rights and Freedoms.

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

Return ordered

Return ordered; the removal of the child breached the father's rights of custody and Article 13(1)(b) had not been proved to the standard required under the Convention.

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

Appeal dismissed, return ordered

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

Procedural Matters

Appeal dismissed; refusal to enforce return order upheld. The Court did not find that the refusal to enforce the return order had violated any of the applicant father's rights under either the Swiss Federal Constitution or any international instrument.

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

Appeal dismissed, return ordered

Appeal dismissed; return ordered; the removal was wrongful as the father's right of custody had been breached, and none of the exceptions raised by the mother had been proved.

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

Return ordered subject to undertakings

Removal wrongful and return ordered subject to undertakings; the standard of harm required under Article 13(1)(b) had not been established.

Habitual Residence - Art. 3 | Grave Risk - Art. 13(1)(b) | Objections of the Child to a Return - Art. 13(2) | Procedural Matters

Return refused

Return refused; the retention was wrongful, but the standard required under Articles 13(1)(b) and 13(2) had been met.

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

Appeal dismissed, return ordered

Appeal dismissed and return ordered; the removal was wrongful and the trial court had not erred in its refusal to apply the fugitive disentitlement doctrine.

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

Application dismissed

Return refused; the removal was not wrongful as the father was not actually exercising his rights of custody.

Habitual Residence - Art. 3 | Grave Risk - Art. 13(1)(b) | Procedural Matters

Application dismissed

Application dismissed; the removal was not wrongful as the children had not acquired a habitual residence in Spain at the relevant date.

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

Return refused

Return refused; the removal was wrongful, but, the standard required under Article 13(1)(b) had been met that the child would face a grave risk of harm if returned.

Habitual Residence - Art. 3 | Grave Risk - Art. 13(1)(b) | Procedural Matters

Appeal dismissed, return ordered

Appeal dismissed insofar as the court found that the standard required under Article 13(1)(b) had not been met. However, the court ruled that the award of expenses should be reduced.

Application dismissed

Application dismissed; the child was no longer habitually resident in Germany at the relevant date.

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

Return ordered with undertakings offered

Return ordered with undertakings offered; the child was habitually resident in England at the relevant date.

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

Return ordered

Retention wrongful and return ordered; the standard required under Article 13(2) to show that the child objected to a return had not been met.

Grave Risk - Art. 13(1)(b) | Undertakings | Interpretation of the Convention

Return ordered subject to undertakings

Removal wrongful and return ordered subject to undertakings; the standard required under Article 13(1)(b) to indicate that the children would face a grave risk of physical harm had not been met.