Case Law Search

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

Return ordered

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

Appeal dismissed, return ordered

Appeal dismissed and return ordered; retention wrongful and a grave risk had not been established to the standard required under the Convention.

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

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

Appeal dismissed, return ordered

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

Settlement of the Child - Art. 12(2)

Appeal allowed, return ordered

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

Appeal dismissed, return ordered

Legal challenge rejected; the removal was wrongful and none of the exceptions was applicable.

Grave Risk - Art. 13(1)(b) | Undertakings | Issues Relating to Return

Appeal allowed, return ordered

Appeal granted and return ordered.

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

Return refused

Return refused; the retention was wrongful, but the child objected to a return to the UK and the standard required under Article 13(2) had been established.

Habitual Residence - Art. 3

Application dismissed

Application dismissed; the retention was not wrongful as the children were no longer habitually resident in Australia on the relevant date.

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

Appeal dismissed, return refused

Appeal dismissed and return refused. The removal was wrongful but a grave risk of harm, in accordance with Article 13(1)(b), had been established to the standard required under the Convention.

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

Appeal allowed, return refused

Appeal allowed and return refused. The removal was wrongful but more than 12 months had elapsed prior to the issue of proceedings and further to Article 12(2) the children were now settled in their new environment.

Removal and Retention - Arts 3 and 12 | Grave Risk - Art. 13(1)(b) | Human Rights - Art. 20

Appeal dismissed, 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.

Rights of Custody - Art. 3

Challenge to legality upheld; the removal no longer infringed any custody rights.

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

Challenge to legality dismissed; Article 13(1)(b) had not been proved to the standard required under the Convention.

Grave Risk - Art. 13(1)(b) | Non-Convention Issues

Recognition of the custody and access orders was upheld.

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

Return ordered

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

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

Habitual Residence - Art. 3 | Removal and Retention - Arts 3 and 12 | Settlement of the Child - Art. 12(2) | Brussels IIa Regulation (Council Regulation (EC) No 2201/2003 of 27 November 2003)

Return refused

Appeal dismissed, return ordered