Case Law Search

Habitual Residence - Art. 3 | Removal and Retention - Arts 3 and 12 | Interpretation of the Convention

In its preliminary ruling the Court noted, inter alia, that where the removal of a child has taken place in accordance with a judgment which was provisionally enforceable and which was thereafter overturned, the child's habitual residence must be determined by undertaking an assessment of all the circumstances of fact. Whilst it was possible the child's habitual residence may have changed, account must be taken of the fact that the judgment authorising the removal could be provisionally enforced and that an appeal had been brought.

Habitual Residence - Art. 3

Appeal dismissed, application dismissed

Appeal dismissed and application dismissed; the retention was not wrongful as the child was habitually resident in the United States of America at the relevant date.

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.

Habitual Residence - Art. 3 | Rights of Custody - Art. 3 | Settlement of the Child - Art. 12(2) | Procedural Matters

Appeal allowed, return refused

Appeal allowed, return refused. Although the retention was wrongful, the court refused return because the request had been introduced more than a year after the retention and the boy was settled into his new family, educational and social environments.

Habitual Residence - Art. 3 | Removal and Retention - Arts 3 and 12 | Grave Risk - Art. 13(1)(b) | Objections of the Child to a Return - Art. 13(2)

Appeal dismissed, return ordered

Appeal dismissed, return ordered. 

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.

Removal and Retention - Arts 3 and 12 | Objections of the Child to a Return - Art. 13(2) | Procedural Matters | Habitual Residence - Art. 3 | Consent - Art. 13(1)(a) | Grave Risk - Art. 13(1)(b)

Return refused

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

Appeal allowed, application dismissed

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

Return ordered

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

Removal and Retention - Arts 3 and 12 | Grave Risk - Art. 13(1)(b) | Settlement of the Child - Art. 12(2)

Appeal dismissed, return ordered

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

Removal and Retention - Arts 3 and 12 | Acquiescence - Art. 13(1)(a) | Grave Risk - Art. 13(1)(b) | Settlement of the Child - Art. 12(2) | Human Rights - Art. 20

Appeal allowed, return ordered

Rights of Custody - Art. 3 | Settlement of the Child - Art. 12(2)

Appeal allowed, return refused

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

Return ordered

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

Appeal dismissed, return ordered

Appeal dismissed and return ordered; retention wrongful and a grave risk had not been established to the standard required under the Convention.

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

Appeal allowed, return ordered

Appeal allowed and return ordered; the removal was wrongful.  

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

Appeal dismissed, return ordered

Aims of the Convention - Preamble, Arts 1 and 2 | Acquiescence - Art. 13(1)(a) | Undertakings | Settlement of the Child - Art. 12(2) | Role of the Central Authorities - Arts 6 - 10 | Procedural Matters

Return refused

Return refused; more than a year had elapsed before the commencement of return proceedings and the child was found to be settled in her new environment.

Rights of Custody - Art. 3 | Procedural Matters

Appeal allowed, return ordered

Appeal allowed and return ordered; the trial court had erred in finding that the applicant father was not actually exercising his rights of custody at the time of the removal.

Removal and Retention - Arts 3 and 12

Application dismissed

Application dismissed; waiver of custody rights not under duress; no need to determine habitual residence given no wrongful removal or retention.

Removal and Retention - Arts 3 and 12 | Grave Risk - Art. 13(1)(b) | Human Rights - Art. 20

Appeal dismissed, 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.