Case Law Search

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

Appeal dismissed, return ordered

Appeal rejected, return ordered. The retention was considered wrongful and the mother's allegation of grave risk upon return to the United States of America was not found to be proved.

Rights of Custody - Art. 3 | Rights of Access - Art. 21

Appeal inadmissible as it did not raise a sufficiently significant issue of law.

Habitual Residence - Art. 3 | Consent - Art. 13(1)(a) | Jurisdiction Issues - Art. 16

Appeal allowed, return refused

Appeal allowed and return refused; regard had to be paid to the terms of the provisional order of the Czech District Court permitting the children to live with the mother in Sweden.

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

Appeal allowed, return refused

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

Appeal inadmissible: the issue whether the 1980 Hague Child Abduction Convention is applicable when the applicant resides neither in the State of habitual residence nor in the State of refuge but in a third State was not determining.

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

Legal challenge dismissed; the Athens Appellate Court had not violated any of the points of law asserted by the father; the children would be exposed to a grave risk of psychological harm if returned to the United States of America.

Grave Risk - Art. 13(1)(b) | Objections of the Child to a Return - Art. 13(2) | Brussels IIa Regulation (Council Regulation (EC) No 2201/2003 of 27 November 2003)

Legal challenge dismissed; the retention was wrongful but decision to refuse to return the child on the basis of the Art. 13 exceptions upheld.

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

Appeal dismissed, return refused

The father's appeal was dismissed; there was no reason to order the return of the child since he had been taken to the State of his habitual residence.

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

Rights of Custody - Art. 3

Interpretation of the Convention

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

Appeal dismissed, return refused

Appeal dismissed and return refused; a grave risk of harm had been established to the standard required by Article 13(1)(b).

Rights of Custody - Art. 3

Appeal dismissed, return ordered

Appeal dismissed and return ordered; the removal breached a right of custody actually exercised by the grandmother.

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

Appeal dismissed, return refused

Appeal dismissed and return refused; the retention was not wrongful since the child was habitually resident in Sweden at the relevant date.

Rights of Custody - Art. 3

Appeal dismissed, return ordered

Appeal dismissed and return ordered; the removal was wrongful and none of the exceptions were established to the standard required under the Convention.

Rights of Custody - Art. 3

Challenge to legality upheld; the removal no longer infringed any custody rights.

Habitual Residence - Art. 3

Appeal declared inadmissible.

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

Challenge to legality dismissed; the removal was wrongful and 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 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.