Case Law Search

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

Appeal dismissed, return ordered

Appeal dismissed; the retention was wrongful and the grounds for exception under the Convention were not applicable.

Habitual Residence - Art. 3 | Consent - Art. 13(1)(a) | Grave Risk - Art. 13(1)(b)

Return ordered

Removal wrongful and return ordered, with the father ordered to pay the costs of return; the child was habitually resident in Turkey at the time of her removal and none of the exceptions had been established to the standard required under the Convention.

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

Appeal dismissed, return ordered

The Federal Court dismissed the appeal on the grounds that the exceptions in art. 13 CLaH 80 did not apply.

Rights of Custody - Art. 3

Appeal dismissed, return refused

Two children retained in Japan ― United States nationals born in 2009 and 2012 ― Married parents living in the United States ― Father and mother nationals of the United States ― Father and children travelled to Japan from November 2018 and resided there from 2019 ― Mother visited father and children in Japan several times but did not relocate there ― Mother and fathers’ relationship deteriorated and father retained children in Japan from November 2019 ― Father instituted in-court conciliation to obtain sole custody before the Japanese courts in January 2020 ― Mother sought return of the children in the Japanese courts in February 2020 ― Japanese courts dismissed the claim as children were habitually resident in Japan ― Habitual residence determined on the grounds of the children’s close connection and integration into their social and family environment ― Limited role of the parents’ intentions in determining habitual residence ― Main issue: Habitual residence.

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

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.

Removal and Retention - Arts 3 and 12 | 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 retention was wrongful and the child's objections were rejected as she was not sufficiently mature and had been unduly influenced by her mother.

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

Appeal allowed, return refused

Appeal allowed and return refused; the objections of the child were of sufficient strength to activate the Article 13(2) exception.

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.