Case Law Search

Rights of Custody - Art. 3 | Grave Risk - Art. 13(1)(b) | Objections of the Child to a Return - Art. 13(2)

Return refused

Removal wrongful but return refused; the standard required under Article 13(2) had been met with respect to the older girl's objections and it was consequently held that it would place the younger child in an intolerable situation to be returned alone.

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

Return ordered subject to undertakings

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

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)

Appeal allowed, return ordered

Appeal allowed and return ordered; the removal was wrongful and it was questionable whether the standard required under Article 13(1)(b) had been made out. In any event, the children were of sufficient age and maturity and they were clear in their view that they wished to return to Australia.

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

Return ordered

Return ordered; although the children objected to a return there was evidence of external pressure and the court exercised its discretion to make a return order, finding that the appropriate forum for a substantive custody hearing was South Africa.

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

Appeal allowed, return refused

Appeal allowed and return refused; the retention 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) | Objections of the Child to a Return - Art. 13(2)

Return ordered

Retention wrongful and return ordered. Acquiescence on the part of the applicant parent was established to the standard required under Article 13(1)(a) but the court nevertheless exercised its discretion to order the return of the child. None of the other exceptions had been proved to the standard required under the Convention.

Habitual Residence - Art. 3 | Objections of the Child to a Return - Art. 13(2)

Return ordered

Retention wrongful and return ordered. Article 13(2) had been proved to the standard required under the Convention, but the court exercised its discretion to make a return order.

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

Appeal allowed, return refused

Appeal allowed and return refused; Article 13(1)(b) had been proved to the standard required under the Convention.

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

Challenge to legality dismissed; Article 13(1)(b) had been proved to the standard required under the Convention.

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

Appeal dismissed, return ordered

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

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

Appeal allowed, return ordered

Appeal allowed and return ordered; the children were habitually resident in Israel at the time of the retention and Article 13(1)(b) had not been proved to the standard required under the Convention.

Objections of the Child to a Return - Art. 13(2) | Settlement of the Child - Art. 12(2) | Procedural Matters

Appeal dismissed, return refused

Appeal dismissed and return refused; the removal was wrongful but on the basis of the children's objections a return order was refused.

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

Appeal dismissed, return ordered

Appeal dismissed and return ordered; the removal was wrongful and the level of risk required under Article 13(1)(b) had not been proved.

Rights of Custody - Art. 3 | Objections of the Child to a Return - Art. 13(2)

Return ordered

Return ordered; the removal was wrongful having been in breach of actually exercised rights of custody and none of the exceptions had been proved to the standard required under the Convention.

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

Appeal dismissed, return refused

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

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

Appeal dismissed, return refused

Appeal dismissed and return refused; Article 13(1)(b) had been proved to the standard required under the Convention in light of the intervening custody order made by the authorities in the State of the children's habitual residence.

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

Appeal allowed, return ordered

Appeal allowed and return ordered; by a majority verdict the Court of Appeal found that 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)

Return ordered

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

Return ordered

Return ordered; the retention was wrongful the child having retained his habitual residence in Germany.