Case Law Search

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.

Aims of the Convention - Preamble, Arts 1 and 2 | Procedural Matters

Judgment vacated and case remanded to the United States Court of Appeals for the Eleventh Circuit for further proceedings; the return of the child to Scotland did not render the case moot; there was a live dispute between the parties over where the child should be raised, and a possibility of effectual relief for the prevailing parent.

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

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

Appeal dismissed, return ordered

Habitual Residence - Art. 3 | 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) | Issues Relating to Return | Procedural Matters

Appeal allowed, return ordered

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

Appeal allowed, return refused

Appeal allowed and return refused; the removal was wrongful but a return to Portugal would expose the child to a grave risk of danger.

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

Return refused

Habitual Residence - Art. 3 | 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)

Return ordered

Retention wrongful and return ordered; none of the exceptions had been established.

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

Appeal dismissed and return ordered; the removal was wrongful and none of the exceptions had been established.

Aims of the Convention - Preamble, Arts 1 and 2 | Grave Risk - Art. 13(1)(b) | Undertakings | Human Rights - Art. 20

Appeal dismissed, return ordered with undertakings offered

Appeal dismissed and return ordered with undertakings offered; the standard required under Article 13(1)(b) to indicate that the child would face a grave risk of harm had not been met.

Grave Risk - Art. 13(1)(b) | Human Rights - Art. 20 | Procedural Matters

Return ordered

Retention wrongful and return ordered; the standard required under Article 13(1)(b) to indicate that the children would face an intolerable situation had not been met.

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

Return ordered with undertakings offered

Return ordered; the standard required under Articles 13(1)(b) and 13(2) had not been met.

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

Challenge to legality dismissed; the standard required to show the child would face a grave risk of psychological harm under Article 13(1)(b) had been met and the return was therefore refused.

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

Return refused

Return refused; the High Court exercised its discretion under Article 13 not to order the return of the children; grave risk of an intolerable situation and objections of the elder child both being established.

Rights of Custody - Art. 3

Appeal allowed, return ordered subject to undertakings

Appeal allowed and return ordered, subject to undertakings; the standard required under Article 13(1)(b) had not been met and the Court of Appeal ordered the return of the child subject to undertakings by the applicant father.

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

Appeal dismissed, return ordered

Appeal dismissed and return ordered; the father had been actually exercising his custody rights and the standard required under Article 13(1)(b) had not been met.

Aims of the Convention - Preamble, Arts 1 and 2 | Removal and Retention - Arts 3 and 12 | Grave Risk - Art. 13(1)(b) | Issues Relating to Return | Interpretation of the Convention

Return ordered

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

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

Return ordered

Return ordered; the retention of the girls against the wishes of the father was wrongful and the standard of harm required under Article 13(1)(b) had not been met.

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

Appeal allowed, return refused

Appeal allowed and return refused; the Court of Appeal found that there had been a wrongful removal but exercised its discretion under Article 13(1)(b) not to order the return of the child.

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

Appeal allowed, return ordered with undertakings offered

Appeal allowed - return ordered with undertakings offered; the mother had breached rights of custody held by the Ontario court.