Case Law Search

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

Return ordered

Wrongful retention of a 7-year-old boy - Venezuelan – unmarried parents – Venezuelan father - Venezuelan mother – The rights of custody were jointly exercised – The child lived in Venezuela until November 2012 – The return request was filed before the Panamenian courts in November 2014 – Return ordered – Main Issues: habitual residence, removal and retention, grave risk, procedural matters – The child’s habitual residence was in Venezuela – Removal was wrongful because the travel authorisation used by the mother was false – It was not proved that the father abused the child; the refugee status request was not an impediment against return – Measures were adopted for the child’s safe return to his habitual residence.

Removal and Retention - Arts 3 and 12

Appeal dismissed, application dismissed

Appeal dismissed and application dismissed; there had been no wrongful removal as the Convention had not entered into effect between the United Kingdom and Ontario at the relevant date.

Habitual Residence - Art. 3

Appeal dismissed, return ordered

Appeal dismissed and return ordered; the retention was wrongful and the court upheld the trial court's view that the girls were still habitually resident in Germany at the relevant date.

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

Appeal allowed; the court held that the children were habitually resident in France when retained by the mother in the United Kingdom.

Rights of Custody - Art. 3

Return refused

Return refused; the father had no rights amounting to custody rights for the purposes of the Convention. Consequently there could be no wrongful removal.

Rights of Custody - Art. 3

Appeal dismissed, application dismissed

Appeal dismissed and application dissmissed; the Supreme Judicial Court of Massachusetts agreed that no custody rights of the father had been breached and refused to return the boys to Hungary.

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

Return ordered subject to undertakings

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.

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

Return ordered

Return ordered; while the boy's objections to a return were valid and should be taken into account, the girl's were not and it was held that they should not be separated.

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

Appeal allowed, return ordered

Appeal dismissed and return of the children to the United States ordered; the evidence did not support a finding of a grave risk of harm pursuant to Article 13(1)(b).

Rights of Custody - Art. 3 | Interpretation of the Convention

Appeal allowed on the basis that there had been a breach of custody rights and case remitted to the District Court for the making of a return order and any appropriate incidental orders.

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

Return refused

Return refused; the removal was wrongful but the standard required under Article 13(2) had been made out with respect to the two older children, while the standard required under Article 13(1)(b) had been made out with respect to the youngest child.

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

Return refused

Removal wrongful but return refused on the basis of the children's objections.

Aims of the Convention - Preamble, Arts 1 and 2 | Rights of Custody - Art. 3 | Interpretation of the Convention

Article 15 declaration refused

Article 15 declaration refused; the removal of the child was not wrongful as no rights of custody had been breached.

Aims of the Convention - Preamble, Arts 1 and 2 | Grave Risk - Art. 13(1)(b) | Objections of the Child to a Return - Art. 13(2)

Appeal dismissed, return refused

Appeal dismissed and return refused; the standard required under Article 13(1)(b) to indicate the children would face a grave risk of psychological harm had been met.

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

Return ordered

Application allowed; counter-application dismissed. The child was ordered to be returned forthwith to California.

If the mother accompanied the child, he would remain in her temporary custody in Los Angeles County with reasonable access to the father, pending any other interim or permanent order of a California court having jurisdiction.

Rights of Custody - Art. 3 | Objections of the Child to a Return - Art. 13(2) | Settlement of the Child - Art. 12(2)

Return refused

Return refused; the removal was wrongful, but, the children were now settled in their new environment in accordance with Article 12(2).

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

Return ordered

Return ordered; the children were habitually resident in Canada at the relevant date.

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

Return ordered

Return ordered; the child was habitually resident in Canada on the relevant date and the child was wrongfully retained in Scotland after 5 March 1993.

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

Return ordered with undertakings offered

Return ordered; in the light of the father's undertakings the standard required under Article 13(1)(b) to indicate that the children would face a grave risk of physical harm had not been met.

Rights of Custody - Art. 3

Return ordered

Return ordered; the removal of the child had breached the father's actually exercised rights of custody.