Case Law Search

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

Return refused

Return refused; the removal was wrongful, but there was a grave risk that a return would expose the child to psychological harm and place him in an intolerable situation.

Removal and Retention - Arts 3 and 12 | Rights of Custody - Art. 3

Return ordered

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

Settlement of the Child - Art. 12(2)

Appeal dismissed, return ordered

Appeal dismissed and return ordered; the trial judge had not erred in the exercise of his discretion in making a return order notwithstanding having found the children to be settled in their new environment and that they objected to a return.

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

Appeal dismissed, return ordered

Appeal dismissed and return order upheld; the removal was wrongful and none of the exceptions were applicable.

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

Leave to appeal refused and return order confirmed; the removal was wrongful and the objections of the children to a return did not satisfy the standards of Article 13(2).

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

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 by the Convention.

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

Appeal allowed, return ordered

Return ordered; the "grave risk of harm" exception had not been established.

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

Return ordered

Removal wrongful and return ordered; 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.

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 ordered

Rights of Custody - Art. 3 | 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

Return refused; the removal was wrongful, being in breach of the father's rights of custody, but the older siblings had valid objections to a return and the children would face a grave risk of harm if separated.

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

Appeal allowed, return ordered

Appeal allowed and return ordered; Article 13(1)(a) - acquiescence - had not been proved to the standard required under the Convention.

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

Appeal dismissed, return ordered

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

Appeal allowed and case remitted to the Family Court of Australia for adjudication; the trial judge had erred in rejecting the Article 13(1)(b) exception without paying sufficient regard to the expert evidence on the matter.

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

Appeal dismissed, return ordered

Appeal dismissed, returned ordered; whilst the child objected to a return the Court exercised its discretion to order his return.

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

Return ordered

Return ordered.

Aims of the Convention - Preamble, Arts 1 and 2 | Settlement of the Child - Art. 12(2) | Acquiescence - Art. 13(1)(a) | Grave Risk - Art. 13(1)(b) | Objections of the Child to a Return - Art. 13(2)

Case remitted to lower court

Wrongful retention of a child when she was 5 years old - US national - parents married - father US national - mother Colombian national - both parents had custody rights under the Convention - child lived in the US until 19 December 2015 - return application was filed before the US Central Authority on 13 June 2016 - lower court was ordered to make a new judgment in the international return proceedings, taking into account the child's views - main issues: aims of the Convention - Preamble, settlement of the child, acquiescense, art. 13(1)(b) grave risk exception, child's objections to return – the best interests of the child is to be returned to his or her center of life without delay, unless one of the grounds of exception is proven - assessment of the child's settlement is appropriate only if one year has elapsed between the wrongful conduct and the date of filing of the international return application - the grave risk must be greater than the natural hardship that may result from a change of his or her residence or the dislocation of the current living group - the decision on the application of the exception of Art. 13(2) requires consideration of the voice of the child who is of sufficient age and maturity.

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

Appeal dismissed, return refused

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

Appeal allowed, return refused

Appeal allowed and return refused; the removal was wrongful but the children had valid objections to a return and in the light of fresh evidence considered on appeal, a non-return order was made.

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

Appeal dismissed, return refused

Wrongful removal of a child when he was 7 years old - Argentine - Unmarried parents - Paraguayan mother - The child lived in Paraguay from December 2016 to October 2017 – Return to Paraguay refused – Main issues: habitual residence, objections of the child to a return – The Supreme Court of Buenos Aires held that the child’s habitual residence was in Paraguay, and found that the removal to Argentina was  wrongful since it breached the mother’s rights of custody under the Paraguayan law – The court considered that the child´s objection to return was established since the child expressed at all stages of the proceedings his complete refusal to return to Paraguay, alleging mistreatment by classmates and relatives.

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

Proceedings dismissed and costs awarded against the children's litigation guardian.