Case Law Search

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

Appeal dismissed, return refused

Appeal dismissed and return refused; while the retention of the children in Germany was wrongful, the standard of harm required under Article 13(1)(b) had been met.

Rights of Custody - Art. 3

Appeal dismissed, return ordered

Appeal dismissed and return ordered; the removal was wrongful, being in breach of the father's right of custody.

Habitual Residence - Art. 3

Application dismissed

Application dismissed; the removal was not wrongful since the child was habitually resident in Israel at the relevant date.

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

Application dismissed

Appeal dismissed, and application dismissed; the retention was not wrongful as there was no breach of custody rights.

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

Appeal dismissed, return ordered

Appeal dismissed; the standard required under Article 13(1)(a) to show that the father had acquiesced had not been met.

Procedural Matters | Consent - Art. 13(1)(a)

Appeal allowed and case remitted to the High Court for it to exercise its discretion as to whether the child should be returned to England.

Rights of Custody - Art. 3 | Procedural Matters

Appeal allowed, return ordered

Appeal against return order dismissed; the removal was in breach of the father's rights of custody and therefore wrongful.

Rights of Custody - Art. 3

Challenge to legality dismissed; the removal was not wrongful as it was not in breach of any rights of custody.

Rights of Custody - Art. 3

Application dismissed

Application dismissed; the removal was not wrongful as it was not in breach of any rights of custody.

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

Appeal dismissed, application dismissed

Appeal dismissed and application dismissed; there had not been a breach of actually exercised rights of custody.

Rights of Custody - Art. 3

Article 15 declaration refused

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

Removal and Retention - Arts 3 and 12 | Consent - Art. 13(1)(a) | Procedural Matters

Application dismissed

Application dismissed; the retention was not wrongful as the father had consented to the relocation of mother and child to Australia.

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

Appeal allowed, return refused

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

Legal challenge dismissed and return order confirmed; the retention was wrongful and the conditions necessary for the application of Article 13(1)(b) and Article 20 of the 1980 Hague Child Abduction Convention had not been met.

Role of the Central Authorities - Arts 6 - 10

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

Appeal dismissed, return refused

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

Appeal dismissed, return refused

Removal and Retention - Arts 3 and 12 | Consent - Art. 13(1)(a) | Acquiescence - Art. 13(1)(a) | Issues Relating to Return

Return ordered

Retention wrongful and return ordered, subject to conditions; none of the exceptions had been proved to the standard required under the Convention.

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

Return refused

Retention wrongful but return refused in the light of the child's objections.

Habitual Residence - Art. 3

Appeal dismissed, application dismissed

Appeal dismissed and return application dismissed; the retention was not wrongful as the children never acquired a habitual residence in Germany.