Case Law Search

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

Appeal allowed and case remitted to the High Court for it to exercise its discretion as to whether the child should be returned to England.

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

Appeal allowed, return refused

The High Court allowed the appeal in both cases. The cases were remitted to the Full Court of the Family Court for further consideration consistent with the reasons for judgment of the High Court.

Rights of Custody - Art. 3 | Procedural Matters

Appeal allowed, return ordered

Appeal against return order dismissed; the removal was in breach of the father's rights of custody and therefore wrongful.

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

Appeal allowed, return refused

Appeal allowed and return refused; the standard required under Article 13(1)(b) to indicate that the child would face a grave risk of harm had been met.

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) | Procedural Matters

Appeal allowed, return ordered

Appeal allowed, retention wrongful and return ordered; the very high standard required under Article 13(1)(b) had not been met.

Grave Risk - Art. 13(1)(b) | Undertakings | Role of the Central Authorities - Arts 6 - 10 | Procedural Matters

Voluntary return with undertakings agreed between the parties in the requesting State following direct contact between the English judge seized of the return application and the Californian judges seized of the substantive custody and criminal aspects of the case.

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

Appeal allowed, return ordered with undertakings offered

Appeal allowed and return ordered with undertakings given; the standard of proof required under Article 13(1)(a) and 13(1)(b) had not been met.

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

Appeal dismissed, return refused

Appeal dismissed and return refused; the trial court had been entitled to find that the standard required for Article 13(1)(b) had been reached.

Unanimous: no infringement of the German Basic Law (Grundgesetz).

Aims of the Convention - Preamble, Arts 1 and 2 | Settlement of the Child - Art. 12(2)

Appeal allowed, return refused

Human Rights - Art. 20

Removal and Retention - Arts 3 and 12 | Grave Risk - Art. 13(1)(b) | Settlement of the Child - Art. 12(2) | Human Rights - Art. 20 | Procedural Matters

Legal challenge dismissed and return order confirmed; the retention was wrongful and the conditions necessary for the application of Article 13(1)(b) and Article 20 of the 1980 Hague Child Abduction Convention had not been met.

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

Appeal dismissed, return refused

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

Appeal dismissed, return refused

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

Appeal allowed, return ordered

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

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) | Issues Relating to Return

Appeal allowed, return ordered

Appeal allowed and return ordered; a grave risk of harm had not been established to the standard required under the Convention. The trial court had moreover erred in the exercise of its discretion.

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

Appeal dismissed; the removal was wrongful and none of the exceptions had been established to the standard required under the Convention, however, the return was subject to extensive and stringent conditions, including the obtaining of a mirror order in the High Court of South Africa.

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

Appeal allowed, return refused

Appeal allowed and return refused; the child was now settled in her new environment pursuant to the terms of Article 12(2).

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

Return ordered