Case Law Search

European Convention on Human Rights (ECHR) | Issues Relating to Return | Procedural Matters

The European Court of Human Rights held by six votes to one that there had been a violation of Article 8 of the ECHR on account of the Italian courts' order for the child to be returned to Italy; and unanimously that there had been no violation of Article 8 on account of the mother's absence from the hearing of the Rome Youth Court. Damages were awarded to mother and child.

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

Appeal allowed in part; the removal was not wrongful, the order denying return was upheld; however, the ruling was amended in that it ordered the father to indemnify the mother.

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.

Aims of the Convention - Preamble, Arts 1 and 2 | Removal and Retention - Arts 3 and 12 | Objections of the Child to a Return - Art. 13(2) | Settlement of the Child - Art. 12(2)

Appeal dismissed, return ordered

Habitual Residence - Art. 3 | Objections of the Child to a Return - Art. 13(2)

Appeal dismissed, return ordered

Appeal dismissed and return refused; the retention was wrongful and notwithstanding the child's objections to a return the Court exercised its discretion to make a return order.

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.

Rights of Custody - Art. 3 | Article 15 Decision or Determination | Rights of Access - Art. 21

Appeal dismissed, application dismissed

Appeal dismissed and application dismissed; the removal was not wrongful for it had not led to the breach of any rights of custody.

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

Appeal allowed, return ordered

Appeal granted and return ordered.

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.

Habitual Residence - Art. 3

Application dismissed

Application dismissed; the retention was not wrongful as the children were no longer habitually resident in Australia on the relevant date.