Case Law Search

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

Return refused

Return refused; the retention was wrongful, being in breach of the mother's rights of custody, but the child had valid objections to a return.

Aims of the Convention - Preamble, Arts 1 and 2 | Procedural Matters

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)

Return ordered

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

European Convention on Human Rights (ECHR) | Procedural Matters

The Chamber unanimously held that there had been a violation of Article 8 of the ECHR in regard to the protracted custody proceedings, but by five votes to two that there had been no violation of Art 8 in regard to the domestic courts' assessment of the 1980 Hague Child Abduction Convention return petition. Damages were awarded to the applicant.

European Convention on Human Rights (ECHR) | Issues Relating to Return | Procedural Matters

The European Court of Human Rights held by six votes to one that there had been a violation of Article 8 of the ECHR on account of the Italian courts' order for the child to be returned to Italy; and unanimously that there had been no violation of Article 8 on account of the mother's absence from the hearing of the Rome Youth Court. Damages were awarded to mother and child.

Aims of the Convention - Preamble, Arts 1 and 2 | Settlement of the Child - Art. 12(2)

Appeal allowed, application dismissed

Grave Risk - Art. 13(1)(b) | Undertakings | Issues Relating to Return

Appeal allowed, return ordered

Appeal granted and return ordered.

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

Return refused

Return refused; the retention was wrongful, but the child objected to a return to the UK and the standard required under Article 13(2) had been established.

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

Return ordered

Return ordered; the removal was wrongful, the child being habitually resident in Australia in January 1990. The child did not face a grave risk in being returned.

Habitual Residence - Art. 3 | Consent - Art. 13(1)(a) | Jurisdiction Issues - Art. 16

Appeal allowed, return refused

Appeal allowed and return refused; regard had to be paid to the terms of the provisional order of the Czech District Court permitting the children to live with the mother in Sweden.

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

Appeal dismissed, return ordered

Appeal dismissed; none of the exceptions raised by the mother was applicable.

European Convention on Human Rights (ECHR)

Unanimous: no breach of Article 8 of the European Convention on Human Rights (ECHR).

Habitual Residence - Art. 3

Application dismissed

Application dismissed; the retention was not wrongful as the children were no longer habitually resident in Australia on the relevant date.

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

Return ordered

Appeal dismissed and return ordered; the standard required under Article 13(1)(b) had not been met.

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

Appeal allowed, return refused

Appeal allowed and return refused; the child was of a sufficient age and maturity for his objections to be taken into account. The younger child should not be separated from his older sibling.

Unanimous: no infringement of the German Basic Law (Grundgesetz).

Human Rights - Art. 20

European Convention on Human Rights (ECHR)

By a 4:3 majority: No infringement of Article 8 of the European Convention on Human Rights.

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

Appeal dismissed, return ordered. The removal was wrongful and none of the conditions asserted was applicable.

Issues Relating to Return | Procedural Matters

Principal appeal inadmissible. The father was concealing his real address, thereby nullifying his appeal.