Case Law Search

Rights of Custody - Art. 3 | Grave Risk - Art. 13(1)(b) | Procedural Matters | Interpretation of the Convention

Appeal allowed, return refused

Appeal allowed and return refused; the Court of Appeal found that there had been a wrongful removal but exercised its discretion under Article 13(1)(b) not to order the return of the child.

Article 15 Decision or Determination

Appeal dismissed, granting of Article 15 declaration confirmed

Appeal dismissed and granting of Article 15 declaration confirmed; the 1992 residence order allowing the mother to relocate to California no longer having any effect.

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

Appeal allowed, return ordered with undertakings offered

Appeal allowed - return ordered with undertakings offered; the mother had breached rights of custody held by the Ontario court.

Rights of Custody - Art. 3 | Acquiescence - Art. 13(1)(a) | Grave Risk - Art. 13(1)(b) | Settlement of the Child - Art. 12(2)

Return refused

Return refused; the removal of the child to England was not wrongful under Greek law.

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

Return ordered

Appeal dismissed and return ordered; even though the parents had no legal status to work or to remain on any permanent basis in the United States of America, the children were habitually resident in California immediately before the wrongful removal.

Rights of Custody - Art. 3

Appeal allowed, return ordered

The Court of Appeal allowed the appeal, finding that there had been a wrongful removal.

Rights of Custody - Art. 3

Appeal dismissed, return ordered

Appeal dismissed and return ordered; the children had been wrongfully removed from their State of habitual residence.

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

Return refused

Return refused; the standard required under Article 13(1)(b) had been met.

Habitual Residence - Art. 3

Return ordered

Return ordered; the removal was wrongful as the child was habitually resident in Chile at the relevant date.

Habitual Residence - Art. 3

Application dismissed

Application dismissed; the retention was not wrongful as the children were habitually resident in the United States at the relevant date.

Rights of Custody - Art. 3 | Procedural Matters

Return ordered

Appeal dismissed and return ordered; the removal was wrongful, the father was actually exercising rights of custody.

Return ordered

Return ordered; the removal was wrongful and the standard required under Article 13(1)(a) had not been met.

Rights of Custody - Art. 3 | Consent - Art. 13(1)(a) | Acquiescence - Art. 13(1)(a)

Return ordered

Return ordered; the removal of the children breached the mother's rights of custody, the standard required under Article 13(1)(a) to show consent had not been met.

Habitual Residence - Art. 3

Appeal allowed, return ordered

Appeal allowed and return ordered; the child was still habitually resident in France and consequently the retention was wrongful.

Rights of Custody - Art. 3 | Procedural Matters

Return ordered

Return ordered; the removal was in breach of rights of custody vested in the local authority.

Habitual Residence - Art. 3

Appeal allowed; case remitted to the District Court to determine whether, under the law of Germany, the father had rights of custody at the time of the removal and whether he was exercising those rights.

Acquiescence - Art. 13(1)(a)

Return refused

Removal wrongful but return refused; the father had acquiesced in terms of Article 13(1)(a) and the court exercised its discretion not to order the return of the child.

Aims of the Convention - Preamble, Arts 1 and 2 | Habitual Residence - Art. 3 | Procedural Matters

Return ordered

Return ordered; the child was habitually resident in the United States on the relevant date.

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

Appeal allowed, return ordered with undertakings offered

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

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

Return ordered subject to undertakings

Removal wrongful and return ordered, subject to undertakings; 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.