Case Law Search

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

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

Removal wrongful but return refused; more than 12 months had elapsed prior to the filing of the return petition and the children were held to be settled in their new environment; the older child also had valid objections to returning.

European Convention on Human Rights (ECHR) | Procedural Matters

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.

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 | Rights of Custody - Art. 3 | Consent - Art. 13(1)(a) | Acquiescence - Art. 13(1)(a) | Objections of the Child to a Return - Art. 13(2)

Appeal dismissed, return ordered

Appeal dismissed and non-return order upheld; the retention of the children was wrongful but the applicant father was found to have both consented to and acquiesced in the children remaining in New Zealand.

Rights of Custody - Art. 3 | 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)

Return ordered

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

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

Appeal allowed, return refused

Appeal allowed and return refused; the standard required under Article 13(2) had 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.

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.

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

Appeal allowed, return refused

Appeal allowed and return refused; the standard required under Article 13(2) had been met.

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

Appeal dismissed, return ordered

Appeal dismissed and return ordered; the trial judge had been justified in finding that the standard required under 13(2) had not been met.

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

Appeal dismissed, return refused

Appeal dismissed and return refused; the standard required under Article 13(2) to indicate that the objections of a child should be taken into account had been met.

Grave Risk - Art. 13(1)(b) | Undertakings | Objections of the Child to a Return - Art. 13(2) | Rights of Access - Art. 21

Subject to an undertaking, the child was to be sent to the United States for a two week period of contact with the father.

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)

Return refused

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

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) | Interpretation of the Convention

Return ordered with undertakings offered

Return ordered, undertakings offered; a court is not required to adjourn its proceedings to allow an investigation of a child's views.

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

Constitutional complaint upheld; the decision of the Higher Regional Court (OLG) had violated the parental rights of the father pursuant to German Basic Law and violated the constitutional rights of the children. The case was remitted to the Higher Regional Court (OLG) of Celle.

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

Application dismissed

Convention proceedings dismissed.