Case Law Search

Rights of Custody - Art. 3 | Grave Risk - Art. 13(1)(b) | Undertakings | Human Rights - Art. 20 | Procedural Matters

Appeal allowed, return ordered subject to undertakings

Appeal upheld in part, return ordered subject to undertakings / a mirror order being entered in the Supreme Court of British Columbia. The retention was wrongful and the standard of harm required under Article 13(1)(b) had not been made out. Furthermore, the Convention was found to be consistent with the South African Constitution.

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

Challenge to legality dismissed; the retention was wrongful and the standard of harm required under Article 13(1)(b) had not been made out.

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

Rights of Custody - Art. 3

Appeal allowed, return refused

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

Appeal dismissed, return refused

Appeal dismissed and return refused; the retention was wrongful but the conditions for application of the exception of Article 13(1)(b) were met.

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.

Rights of Custody - Art. 3

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

Appeal allowed, return ordered

Human Rights - Art. 20

Appeal allowed; the decision of the court of appeal was wrong in law and quashed. The return application was remitted to a lower court for re-hearing.

Rights of Custody - Art. 3

The challenge was upheld insofar as the treatment of custody issues by the cour administrative d'appel was concerned but other than that the latter decision was upheld and the application to annul the decision of 7 June 1993 was dismissed.

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

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.

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

Appeal allowed, return ordered

Appeal allowed 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 | Removal and Retention - Arts 3 and 12 | Procedural Matters

Appeal dismissed, return ordered

Appeal dismissed and return ordered; retention wrongful as the children were habitually resident in Australia on the relevant date.

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.

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

Appeal dismissed, return refused

One child wrongfully removed at age 1 – National of Ukraine – Married parents – Father national of Ukraine – Mother national of Ukraine – Mother and father have joint custody –Child lived in Ukraine until 02.03.2022 –Application for return filed with the Central Authority/courts (choose!) of [State] on [date] –Return refused – Main issue(s): Art. 13(1)(b) grave risk exception to return  – [Summary of the outcome of the main contentious issue(s) The return of a child to a war zone where it could be exposed to a real threat entails a serious risk of physical or psychological harm being caused to the child.

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

Return ordered

Removal wrongful and return ordered; the children were habitually resident in Scotland on the relevant date and the argument based on Article 13(1)(b) was dismissed.

Rights of Custody - Art. 3 | Removal and Retention - Arts 3 and 12

Appeal dismissed, return ordered

Appeal dismissed, return ordered despite a pending asylum application.

Habitual Residence - Art. 3 | Procedural Matters

Return ordered

Retention wrongful and return ordered; the child was habitually resident in Canada on the relevant date.