Case Law Search

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

Appeal dismissed, return ordered

Appeal dismissed and return ordered; the father had not acquiesced in the removal of the children. The Court of Appeal also found that the trial judge had not erred in the manner in which he had made a determination as to the age and maturity of the eldest child.

Aims of the Convention - Preamble, Arts 1 and 2 | Objections of the Child to a Return - Art. 13(2)

Appeal allowed; case remitted to the High Court for further investigation into the children's objections.

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

Return refused

Return refused; the removal was wrongful, but the court exercised its discretion not to return the children. This was on the basis of Article 13(2) with respect to the two older children, and on the basis of Article 13(1)(b) as regards the youngest child.

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

Return refused

Retention wrongful but return refused; the child was settled in his new environment in terms of Article 12(2); the mother had acquiesced in the retention in terms of Article 13(1)(a); and the child objected to being returned and had attained an age and degree of maturity at which it was appropriate to take account of his views in terms of Article 13(2).

Aims of the Convention - Preamble, Arts 1 and 2 | Habitual Residence - Art. 3 | Acquiescence - Art. 13(1)(a) | Grave Risk - Art. 13(1)(b)

Return ordered

Removal wrongful and return ordered; the children were habitually resident in the United States at the relevant date, and the standard required under Articles 13(1)(a) and 13(1)(b) had not been met.

Aims of the Convention - Preamble, Arts 1 and 2 | Grave Risk - Art. 13(1)(b) | Undertakings | Objections of the Child to a Return - Art. 13(2) | Procedural Matters

Return ordered with undertakings offered

Return ordered and undertakings offered; the removal was wrongful and the standard required under Article 13(1)(b) to indicate that the child would face a grave risk of physical harm had not been met.

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

Return ordered

Return ordered; matter was stood down to allow the mother to reconsider whether she would return to Germany with the child.

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

Return ordered

Return ordered; the removal was wrongful and neither Article 13(1)(b) nor Article 13(2) had been proved to the standard required by the Convention.

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

Return ordered

Return ordered; the removal was in breach of the father's actually exercised rights of custody and was therefore wrongful.

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

Return ordered

Return ordered; the removal was wrongful and Article 13(1)(b) was not proved to the standard required under the Convention.

Grave Risk - Art. 13(1)(b) | Settlement of the Child - Art. 12(2) | Procedural Matters

Appeal dismissed, return refused

Appeal dismissed. Retention wrongful but return refused; the standard required under Article 12(2) had been reached to show the children were settled in their new environment.

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

Return ordered

Return ordered; the removal was wrongful as the child was habitually resident in England at the relevant date.

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 removal was wrongful and none of the exceptions had been proved to the standard required under the Convention.

Rights of Custody - Art. 3

Return ordered

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

Aims of the Convention - Preamble, Arts 1 and 2 | Grave Risk - Art. 13(1)(b) | Undertakings | Objections of the Child to a Return - Art. 13(2)

Return ordered subject to undertakings

Return ordered, subject to undertakings; the standard required under Article 13(1)(b) to indicate that the children would face a grave risk of harm had not been met.

Aims of the Convention - Preamble, Arts 1 and 2 | Objections of the Child to a Return - Art. 13(2)

Return refused

Return refused; the removal was wrongful, but, on the strength of the child's objection to a return to Switzerland, the court exercised its discretion under Article 13(2) not to send her back.

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

Return ordered

Return ordered; the removal of the child was wrongful and none of the exceptions was applicable.

Rights of Custody - Art. 3 | 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; there had been a wrongful retention and none of the exceptions had been established.

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

Appeal dismissed, return refused

Appeal dismissed and return refused; the trial court had been entitled to find that the Article 13(1)(b) exception had been established.

European Convention on Human Rights (ECHR)

Unanimous: no breach of Article 8 of the European Convention on Human Rights (ECHR). There was no separate issue concerning the claims based on Articles 6 and 13. The authorities' lack of diligence in preventing the abduction was admittedly manifest but had been indemnified by the Spanish authorities. The authorities had not been lacking in diligence regarding the child's return, despite the absence of results in this respect.