Case Law Search

Human Rights - Art. 20

Appeal allowed; the decision of the court of appeal was wrong in law and quashed. The return application was remitted to a lower court for re-hearing.

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

Appeal dismissed, return refused

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

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

Appeal dismissed, return ordered

Aims of the Convention - Preamble, Arts 1 and 2 | Objections of the Child to a Return - Art. 13(2) | Settlement of the Child - Art. 12(2) | Human Rights - Art. 20 | Issues Relating to Return

Appeal dismissed, return ordered

Appeal dismissed and return ordered; the removal had been wrongful and none of the exceptions had been proved to the standard required under the Convention.

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.

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

Appeal dismissed, return refused

The decision at first instance was confirmed and the children's return was refused on the basis of Article 13(1)(b). The ruling should be sent urgently to the Dutch authorities via the French Central Authority, in accordance with Article 11(6) of the Brussels II a Regulation (Council Regulation (EC) No 2201/2003 of 27 November 2003).

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

Appeal allowed, return ordered

Consent - Art. 13(1)(a) | Grave Risk - Art. 13(1)(b) | Jurisdiction Issues - Art. 16 | Procedural Matters

Appeal dismissed, return ordered

Appeal dismissed; decision ordering the children's return upheld, having considered with reasonable cause that none of the exceptions was applicable.

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) | Human Rights - Art. 20 | Procedural Matters

Return ordered

Appeal allowed and return ordered; the retention had been wrongful and none of the exceptions had been established to the standard required under the Convention.

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.

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

Return ordered with regards to the two younger children subject to undertakings; the removal was wrongful and the standard required under Article 13(1)(b) of the Convention to indicate that the children would face a grave risk of harm had not been met. Application dismissed with regard to the oldest child.

European Convention on Human Rights (ECHR)

Application that the Estonian courts' decision to return the child to Italy had been in breach of international law and contrary to the practice of the European Court of Human Rights declared inadmissible.

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

Appeal allowed, return ordered

Appeal allowed, return ordered.

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

Appeal dismissed, return ordered

The court rejected the application for deferment of enforcement.

Removal and Retention - Arts 3 and 12 | Grave Risk - Art. 13(1)(b) | Objections of the Child to a Return - Art. 13(2)

Appeal allowed, return refused

Appeal allowed; return refused. The daughters objected to a return that exposed them to a grave risk of danger, whereas no adequate measures had been taken in Belgium.

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

Appeal allowed, return ordered

Two children wrongfully removed at ages nine and four – Nationals of Macedonia – Married parents – Father national of Macedonia – Mother national of Macedonia – Joint parental custody – Children lived in Austria until 28 July 2018 – Application for return filed with the Central Authority of Austria 5 September 2018 – Return ordered – Main issues: Effective exercise of custody and grave risk – Article 3(1)(b) must be read in the light with the Convention's concern that the original condition should be established; there is a presumption that the holder of custody has fulfilled his obligations; the grounds for exclusion are to be interpreted narrowly and only real dangers are to be taken into account in the case of Article 13(1)(b).

Rights of Custody - Art. 3 | Acquiescence - Art. 13(1)(a) | Grave Risk - Art. 13(1)(b) | Objections of the Child to a Return - Art. 13(2) | Jurisdiction Issues - Art. 16 | Procedural Matters

Appeal allowed, return ordered

Appeal allowed, return ordered. The removal was wrongful and no exception raised was applicable.

Non-Convention Issues | Grave Risk - Art. 13(1)(b) | European Convention on Human Rights (ECHR)

Application dismissed

The constitutional complaint of the child was not lodged in a permissible way (need to be presented by a guardian-ad-litem). 

The complaint brought by the mother in her own name was inadmissible as she returned with the child to Ukraine for around 3 weeks. Additionally she did not demonstrate sufficiently a possible violation of basic rights.

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

Appeal dismissed, return refused

One child wrongfully removed at age 1 – National of Ukraine – Married parents – Father national of Ukraine – Mother national of Ukraine – Mother and father have joint custody –Child lived in Ukraine until 02.03.2022 –Application for return filed with the Central Authority/courts (choose!) of [State] on [date] –Return refused – Main issue(s): Art. 13(1)(b) grave risk exception to return  – [Summary of the outcome of the main contentious issue(s) The return of a child to a war zone where it could be exposed to a real threat entails a serious risk of physical or psychological harm being caused to the child.