Case Law Search

Habitual Residence - Art. 3 | Acquiescence - Art. 13(1)(a) | Brussels IIa Regulation (Council Regulation (EC) No 2201/2003 of 27 November 2003)

The Belgian courts have no jurisdiction: the existence of acquiescence by the father in the child's wrongful retention precludes the international jurisdiction of the Belgian courts on the basis of Article 10 of the Brussels II a Regulation (Council Regulation (EC) No 2201/2003 of 27 November 2003).

Habitual Residence - Art. 3

Application dismissed

Application dismissed; the removal was not wrongful as the child's habitual residence was in Denmark at the relevant date.

Rights of Custody - Art. 3 | Procedural Matters

Preliminary ruling issued to the effect that a Member State was not precluded from requiring by its law that an unmarried father must have obtained a court order granting him custody of a child in order to qualify as having "custody rights" which would render the removal of that child from its country of habitual residence as wrongful for the purposes of Article 2(11) of Council Regulation 2201/2003.

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.

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

Appeal dismissed; there had been a wrongful retention since the child had her habitual residence in Italy.

Rights of Custody - Art. 3 | Procedural Matters

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

Return ordered

Removal wrongful and return ordered; the father was to have sole possession of the children's travel documentation.

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.

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

Appeal dismissed, return ordered

Challenge rejected and return order confirmed. The removal was wrongful and the court of appeal had correctly found the Article 13 exceptions to be inapplicable.

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

Return ordered

The court ordered the return of the children to the State of Connecticut, United States of America, within two weeks of the order becoming final and binding.

Habitual Residence - Art. 3

Return refused

The court held that the child’s habitual residence remained in Hong Kong. In light of this decision, the retention of the child in Hong Kong could not be considered wrongful. 

Removal and Retention - Arts 3 and 12 | Habitual Residence - Art. 3 | Procedural Matters |

Appeal dismissed, return refused

Lawful removal of a 2-year-old girl – Argentine national – Married parents – American father – Argentine mother – The girl lived in Argentina until April 2017, when her family travelled to the United States. She stayed there and then returned to Argentina in September that same year – The father requested her return before the Argentine courts – Appeal dismissed, return refused – Main Issues: habitual residence, removal and retention – The habitual residence of the girl was in Argentina because she had created no stable or permanent bonds in the United States that allowed for a determination that her place of living was there – The removal was lawful since it had been authorised by court in accordance with Argentine law.

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.

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

Appeal dismissed, return ordered

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

Appeal dismissed, return ordered

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.

Return refused

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

Appeal allowed, return ordered

Return ordered; the "grave risk of harm" exception had not been established.

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

Return refused