Case Law Search

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

Return refused

Return Refused.

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

Return ordered

Return ordered.

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; the retention was wrongful and neither Article 13(1)(b) nor Article 13(2) had been proven to the standard required.

Habitual Residence - Art. 3 | Rights of Custody - Art. 3

Return ordered

Return ordered; none of the exceptions had been established to the standard required under the Convention. The Australian authorities were in a position to provide for the well-being of the children, if that was required.

Aims of the Convention - Preamble, Arts 1 and 2 | Acquiescence - Art. 13(1)(a) | Grave Risk - Art. 13(1)(b) | Objections of the Child to a Return - Art. 13(2) | Human Rights - Art. 20 | Procedural Matters

Return ordered

Return ordered; the retention of the children was wrongful and the standard required under the various exceptions raised had not been met.

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

Appeal dismissed, return ordered

Appeal dismissed and return ordered; Article 13(1)(b) was not proved to the standard required under the Convention.

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

Appeal dismissed, return refused

Appeal dismissed and return refused; the retention was wrongful but the child objected to a return and was of an appropriate age and maturity to have her views taken into account.

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

Return refused

Return refused; the removal had been wrongful, but Article 13(1)(b) had been proved to the standard required under the Convention.

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

Return ordered

Return ordered; the retention was wrongful and neither Article 13(2) nor any of the other exceptions had 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)

Challenge to legality dismissed; the removal was wrongful but Articles 13(1)(b) and 13(2) had been proved to the standard required under the Convention. The return was therefore refused.

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

Appeal dismissed, return ordered

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

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

Return refused

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

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

Return ordered

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

Habitual Residence - 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

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

Habitual Residence - Art. 3 | Undertakings | Settlement of the Child - Art. 12(2)

Appeal allowed, return ordered with undertakings offered

Appeal dismissed and return ordered with undertakings offered; the removal was wrongful as the child was habitually resident in the United States at the relevant date.

Aims of the Convention - Preamble, Arts 1 and 2

Appeal allowed, return refused

Appeal allowed and return refused; the District Court had abused its discretion in declining to invoke its equitable power to hold that the father was disentitled to assert his claim in a United States District Court.

Habitual Residence - Art. 3 | Acquiescence - Art. 13(1)(a) | Objections of the Child to a Return - Art. 13(2)

Return refused

Return refused; the removal was wrongful but the standard required under Article 13(1)(a) had been met to indicate that the father had acquiesced.

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 under Article 13(2) not to make a return order.

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) | Settlement of the Child - Art. 12(2)

Return ordered

Return ordered; the standard required under Articles 13(1)(b), 13(2) and 12(2) had not been met.

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

Appeal allowed, return refused

Appeal allowed and return refused; the Court of Appeal declined to order the boy's return on the basis of his objections.