Case Law Search

Habitual Residence - Art. 3 | Grave Risk - Art. 13(1)(b) | Jurisdiction Issues - Art. 16

Appeal dismissed; the arguments put forward by the mother were rejected.

Habitual Residence - Art. 3 | Jurisdiction Issues - Art. 16 | Brussels IIa Regulation (Council Regulation (EC) No 2201/2003 of 27 November 2003)

Appeal allowed and case remitted to trial court to re-assess the issue of the child's habitual residence and consequently whether the removal was wrongful.

Habitual Residence - Art. 3 | Removal and Retention - Arts 3 and 12 | Jurisdiction Issues - Art. 16 | Non-Convention Issues | Brussels IIa Regulation (Council Regulation (EC) No 2201/2003 of 27 November 2003)

Appeal allowed; the Supreme Court unanimously affirmed that English law retained a discretionary, residual basis of jurisdiction over children based on their British nationality. The case was remitted to the trial court to decide whether to exercise this jurisdiction. Were the trial court not to exercise the jurisdiction, a preliminary ruling application would be made to the Court of Justice of the European Union (CJEU) to enable the Supreme Court to decide on the habitual residence of the child.

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

Appeal dismissed, return refused

Appeal dismissed and return refused; the removal was wrongful but the standard of harm required under Article 13(1)(b) had been proved.

Rights of Custody - Art. 3 | Procedural Matters

Article 15 declaration granted

Article 15 declaration granted; the child was habitually resident in Ontario and his retention was in breach of the mother's rights of custody.

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

Return ordered

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

Grave Risk - Art. 13(1)(b) | Undertakings | Objections of the Child to a Return - Art. 13(2) | Human Rights - Art. 20 | Procedural Matters

Appeal dismissed, return ordered with undertakings offered

Appeal dismissed, removal wrongful and return ordered with undertakings offered; none of the exceptions argued had been proved to the requisite standard.

Rights of Custody - Art. 3 | Human Rights - Art. 20 | Procedural Matters

Appeal dismissed, return refused

Appeal dismissed and return refused; the return of the child would be contrary to the basic principles of Spanish law concerning the protection of human rights and basic liberties; the strict standard required under Article 20 had been made out.

Return ordered

Return ordered; the State was liable for travel costs involved in the return but the court reserved the right to recover some or all of those costs from the mother.

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

Appeal dismissed, return refused

Appeal dismissed and return refused; the removal was wrongful, but Article 13(1)(b) had been proved to the standard required under the Convention.

Consent - Art. 13(1)(a) | Grave Risk - Art. 13(1)(b) | Jurisdiction Issues - Art. 16 | Procedural Matters

Appeal dismissed, return ordered

Appeal dismissed; decision ordering the children's return upheld, having considered with reasonable cause that none of the exceptions was applicable.

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) | Jurisdiction Issues - Art. 16 | Procedural Matters

Appeal allowed, return ordered

Appeal allowed, return ordered. The removal was wrongful and no exception raised was applicable.

Consent - Art. 13(1)(a) | Grave Risk - Art. 13(1)(b) | Objections of the Child to a Return - Art. 13(2) | Brussels IIa Regulation (Council Regulation (EC) No 2201/2003 of 27 November 2003)

Return refused

Removal wrongful but return refused; Article 13(2) had been proved to the standard required under the 1980 Hague Child Abduction Convention.

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.

Procedural Matters

Appeal against the provisional stay of execution of the return order dismissed.

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

Return ordered subject to undertakings

Removal wrongful and return ordered; Article 13(1)(b) had not been 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.

Aims of the Convention - Preamble, Arts 1 and 2 | Rights of Custody - Art. 3 | Grave Risk - Art. 13(1)(b) | Undertakings | Procedural Matters

Return ordered

Return ordered; the removal was wrongful as it was in breach of the father's actually exercised rights of custody and the standard required under Article 13(1)(b) to indicate a grave risk of harm had not been met.

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

Appeal dismissed, return ordered

Appeal dismissed and return ordered; the retention was wrongful and Article 13(1)(b) had not been proved to the required standard.

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

Challenge to legality dismissed; the removal was wrongful and Article 13(1)(b) had not been proved to the standard required under the Convention.