Case Law Search

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.

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

Appeal allowed, return refused

Appeal allowed and return refused. The Lord Ordinary had erred in the exercise of his discretion with respect to the objections of the younger child.

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

Return ordered

Return ordered; the standard required under Articles 13(1)(a) and 13(1)(b) had not been met.

Rights of Custody - Art. 3 | Procedural Matters

Return refused

Return refused; the foster parents did not enjoy any rights of custody at the moment of the removal.

Habitual Residence - Art. 3 | Procedural Matters

Writ of habeas corpus issued ordering the mother to produce the child in court within fourteen days and show cause why the child was removed.

Acquiescence - Art. 13(1)(a)

Appeal dismissed, return ordered

Appeal dismissed and return ordered; the retention was wrongful and the father had not acquiesced in the children's retention.

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

Return ordered

Return ordered; the removal was wrongful as it was in breach of the father's rights of custody.

Habitual Residence - Art. 3

Application dismissed

Application dismissed; the child was not habitually resident in Luxembourg at the relevant date.

Aims of the Convention - Preamble, Arts 1 and 2 | Grave Risk - Art. 13(1)(b) | Role of the Central Authorities - Arts 6 - 10

Appeal allowed and case remitted to the District Court to consider remedies that might allow both the return of the children to their habitual residence and their protection from harm pending a custody hearing in France.

Habitual Residence - Art. 3

Appeal dismissed, return ordered

Appeal dismissed and return ordered; the retention was wrongful as the child was habitually resident in France at the relevant date.

Rights of Custody - Art. 3 | Grave Risk - Art. 13(1)(b) | Objections of the Child to a Return - Art. 13(2)

Return refused

Removal wrongful but return refused; the standard required under Article 13(2) had been met with respect to the older girl's objections and it was consequently held that it would place the younger child in an intolerable situation to be returned alone.

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

Return ordered subject to undertakings

Return ordered subject to undertakings; the removal of the child breached the father's rights of custody and the standard of harm required under Article 13(1)(b) had not been established.

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 allowed, return ordered

Appeal allowed and return ordered; the removal was wrongful and it was questionable whether the standard required under Article 13(1)(b) had been made out. In any event, the children were of sufficient age and maturity and they were clear in their view that they wished to return to Australia.

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

Return ordered

Return ordered; although the children objected to a return there was evidence of external pressure and the court exercised its discretion to make a return order, finding that the appropriate forum for a substantive custody hearing was South Africa.

Rights of Custody - Art. 3

Appeal allowed, application dismissed

Appeal allowed and application dismissed; a right of veto over the removal of a child from the jurisdiction did not afford a non-custodial parent a "right of custody" for the purposes of the Convention.

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

Appeal dismissed, return ordered

Appeal dismissed and return ordered; Article 13(1)(b) had not been proved to the standard required under the Convention.

Habitual Residence - Art. 3 | Article 15 Decision or Determination | Rights of Custody - Art. 3

Article 15 declaration granted

Article 15 declaration granted; the removal was wrongful being in breach of inchoate rights of custody.

Removal and Retention - Arts 3 and 12

Non return order confirmed, but on the basis that the return application be dismissed, no retention having taken place.

Rights of Custody - Art. 3

Challenge to legality dismissed; the mother's removal was wrongful but she had subsequently been awarded custody.