Case Law Search

Grave Risk - Art. 13(1)(b) | Settlement of the Child - Art. 12(2) | Human Rights - Art. 20 | Procedural Matters

Return ordered

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

Appeal allowed, return ordered

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.

Grave Risk - Art. 13(1)(b) | Rights of Access - Art. 21 | Procedural Matters

Appeal dismissed, return ordered

Appeals dismissed and return ordered; the step-sister's application for contact with her wrongfully removed half sibling had to await the outcome of the Convention proceedings, and, the Commonwealth Central Authority was not estopped from bringing a separate return application.

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.

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

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.

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

Removal wrongful, return of the younger children ordered; the standard of harm required under Article 13(1)(b) had not been made out. Return of the older child refused; her objections met the standard required under Article 13(2).

Grave Risk - Art. 13(1)(b) | Undertakings | Objections of the Child to a Return - Art. 13(2) | Human Rights - Art. 20 | Procedural Matters

Appeal dismissed, return ordered with undertakings offered

Appeal dismissed, removal wrongful and return ordered with undertakings offered; none of the exceptions argued had been proved to the requisite standard.

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.

Rights of Custody - Art. 3 | Grave Risk - Art. 13(1)(b) | Undertakings | Human Rights - Art. 20 | Procedural Matters

Appeal allowed, return ordered subject to undertakings

Appeal upheld in part, return ordered subject to undertakings / a mirror order being entered in the Supreme Court of British Columbia. The retention was wrongful and the standard of harm required under Article 13(1)(b) had not been made out. Furthermore, the Convention was found to be consistent with the South African Constitution.

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.

Aims of the Convention - Preamble, Arts 1 and 2 | Habitual Residence - Art. 3

Return ordered

Return ordered; the removal was wrongful since the child was both habitually resident in the United States and the father had custody rights, at the time of the removal.

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

Return ordered

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

Grave Risk - Art. 13(1)(b) | Human Rights - Art. 20

Return refused

Retention wrongful but return refused; the standard required under Article 13(1)(b) had been made out. The fact that the mother was denied entry into the United States constituted a grave risk that the child would be placed in an intolerable situation if sent back alone.

Consent - Art. 13(1)(a)

Appeal allowed, return ordered

Appeal allowed and return ordered; the removal had breached the father's rights of custody, and there was in-sufficient evidence to indicate consent. In addition the standard required under Article 13(1)(b), to indicate that the children would face a grave risk of harm, had not been met.

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

Appeal allowed, return refused

Appeal allowed and return refused; the retention of the children had been wrongful, but a grave risk of harm had been proved to the standard required under the Convention.

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.

Return ordered

Return ordered; the State was liable for travel costs involved in the return but the court reserved the right to recover some or all of those costs from the mother.

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

Return refused

Return refused; the removal was not wrongful as the father was not exercising his rights of custody at the time of removal and therefore no rights of custody had been breached.

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

Challenge to legality dismissed; the retention was wrongful and the standard of harm required under Article 13(1)(b) had not been made out.