Case Law Search

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

Return ordered

Removal wrongful and return ordered; the father was to have sole possession of the children's travel documentation.

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

Return ordered

Removal wrongful and return ordered; the children were habitually resident in Scotland on the relevant date and the argument based on Article 13(1)(b) was dismissed.

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

Return ordered

The court held that the child had been wrongfully retained in Canada and ordered her return to New Zealand.

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

Return refused

Return refused.

Non-Convention Issues | Grave Risk - Art. 13(1)(b) | Human Rights - Art. 20 | Objections of the Child to a Return - Art. 13(2)

Return refused

Return Refused.

Non-Convention Issues | Settlement of the Child - Art. 12(2) | Grave Risk - Art. 13(1)(b) | Objections of the Child to a Return - Art. 13(2)

Return ordered

Return ordered.

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

Appeal dismissed, return ordered

Challenge rejected and return order confirmed. The removal was wrongful and the court of appeal had correctly found the Article 13 exceptions to be inapplicable.

Consent - Art. 13(1)(a) | Grave Risk - Art. 13(1)(b) | Objections of the Child to a Return - Art. 13(2) | Brussels IIa Regulation (Council Regulation (EC) No 2201/2003 of 27 November 2003)

Return refused

Removal wrongful but return refused; Article 13(2) had been proved to the standard required under the 1980 Hague Child Abduction Convention.

European Convention on Human Rights (ECHR) | Procedural Matters

By five votes to two: infringement of Article 8 of the European Convention on Human Rights (ECHR); award of damages on the basis of Article 41 of the ECHR.

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

Return refused

Removal wrongful but return refused; Article 13(1)(b) had been proved to the standard required under the Convention.

Removal and Retention - Arts 3 and 12 | Grave Risk - Art. 13(1)(b) | Undertakings | Objections of the Child to a Return - Art. 13(2) | Human Rights - Art. 20

Appeal dismissed, return ordered

Appeal dismissed and return ordered; the removal was 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) | Objections of the Child to a Return - Art. 13(2) | Procedural Matters

Appeal dismissed, return ordered

Appeal dismissed; the retention was wrongful and the grounds for exception under the Convention were not applicable.

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

Appeal dismissed, return ordered

The Federal Court dismissed the appeal on the grounds that the exceptions in art. 13 CLaH 80 did not apply.

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

Appeal dismissed, return ordered

The mother’s complaint appeal (Beschwerde) was rejected and the order for return was maintained with the specification that the child was to be returned to Spain but not necessarily to Madrid.

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

Return ordered

Removal wrongful and return ordered, with the father ordered to pay the costs of return; the child was habitually resident in Turkey at the time of her removal 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) | Objections of the Child to a Return - Art. 13(2)

Appeal dismissed, return ordered

Appeal dismissed and return ordered; the retention was wrongful and the child's objections were rejected as she was not sufficiently mature and had been unduly influenced by her mother.

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

Return ordered

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

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

Appeal dismissed, return refused

Child born in 2014 in Singapore ― Parents married in 2008 ― Nationality of the entire family is unknown ― The family travelled abroad in August 2017 ― On the evening of 30 August 2017 in Japan, father drank and exercised physical violence against the mother ― Father arrested and criminal proceedings instituted ― Parents reached a settlement on 15 September 2017 ― Parents agreed that they would live separately ― The mother would live in Japan with the child as the primary caregiver, whereas the father would pay damages and maintenance and have visitation with the child ― Father filed petition for the child’s return to Singapore in the Tokyo Family Court in December 2017 ― Application dismissed ― Appeal dismissed by the Tokyo High Court in May 2018 ― Main issues: consent and grave risk.

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

Return ordered subject to undertakings

Appeal allowed and return ordered subject to undertakings. The removal was wrongful and any potential harm to the child from a return could be minimized by the father's compliance with the conditions set and the child could otherwise be protected by the English authorities.

Habitual Residence - Art. 3 | Rights of Custody - Art. 3 | Acquiescence - Art. 13(1)(a) | Grave Risk - Art. 13(1)(b) | Settlement of the Child - Art. 12(2) | Procedural Matters

Application dismissed

Application dismissed; the child was not habitually resident in Australia at the time of the removal and in any event there had been no breach of actually exercised rights of custody.