Case Law Search

Aims of the Convention - Preamble, Arts 1 and 2 | Rights of Custody - Art. 3 | Objections of the Child to a Return - Art. 13(2)

Return ordered

Removal wrongful and return ordered; none of the Article 13 exceptions had been proved to the standard required under the Convention.

Rights of Custody - Art. 3 | Settlement of the Child - Art. 12(2)

Return ordered

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

Article 15 declaration granted

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

Appeal allowed, return refused

Appeal allowed, return refused: the removal of the children was not wrongful.

Habitual Residence - Art. 3 | Issues Relating to Return | Procedural Matters

Return ordered

Return ordered; the conditions for application of the Convention were met and the mother had not put forward any grounds for exception.

Rights of Custody - Art. 3 | Procedural Matters | Non-Convention Issues

Appeal allowed, return ordered

Appeal allowed and return ordered; but if the mother were to be given permission by the Northern Ireland High Court to raise one of the Article 13 exceptions, then the return order could be stayed until the latter application was heard.

Habitual Residence - Art. 3 | Settlement of the Child - Art. 12(2)

Appeal allowed, return refused

Appeal allowed and return refused; the retention was wrongful but the child was now settled in her new environment.

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

Appeal dismissed, return refused

Appeal dismissed; return denied. The mother had obtained provisional custody of the child pursuant to a Spanish decision.

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

Appeal allowed, return ordered

Appeal allowed and return ordered. The retention was wrongful and none of the exceptions raised was applicable.

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

Appeal allowed, return refused

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

Appeal dismissed, return refused

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

Appeal dismissed, return ordered

Appeal dismissed; return ordered. The removal was wrongful and none of the exceptions raised was applicable.

Consent - Art. 13(1)(a) | Acquiescence - Art. 13(1)(a) | Grave Risk - Art. 13(1)(b) | Issues Relating to Return

Removal wrongful and return would be ordered once suitable practical arrangements had been put in place; none of the exceptions had been proved to the standard required under the Convention.

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

Appeal dismissed, return ordered

Appeal dismissed and return ordered; retention wrongful and none of the exceptions proved to the standard required under the 1980 Hague Child Abduction Convention.

Acquiescence - Art. 13(1)(a) | Grave Risk - Art. 13(1)(b) | Brussels IIa Regulation (Council Regulation (EC) No 2201/2003 of 27 November 2003)

Return ordered

Rights of Custody - Art. 3 | Consent - Art. 13(1)(a) | Acquiescence - Art. 13(1)(a) | Grave Risk - Art. 13(1)(b) | Procedural Matters | Brussels IIa Regulation (Council Regulation (EC) No 2201/2003 of 27 November 2003)

Appeal dismissed, return ordered

Habitual Residence - Art. 3 | Rights of Custody - Art. 3 | Grave Risk - Art. 13(1)(b) | Procedural Matters

Cross-appeal allowed in part and return refused; the standard had been met to show that the children would face a grave risk of harm if returned and the return petition could not be re-activated.

Rights of Custody - Art. 3

Case remitted to lower court

1 child allegedly wrongfully removed - Married parents - Father national of Italy - Mother national of Italy - Joint custody - Child lived in Belgium until February 2014 - Return refused - Main issues: Rights of custody - A removal cannot be considered wrongful if it did not breach custody rights that were actually exercised at the time of the removal 

Rights of Custody - Art. 3

Appeal allowed, return refused

1 child allegedly wrongfully removed at age 11 – Divorced parents – Father national of France and Morocco – Mother national of France – Full custody rights automatically awarded to the mother after the divorce under Moroccan law – Child lived in Morocco until October 2014 – Application for return filed with the Juge aux affaires familiales of France in December 2014 – Return refused – Main issue: Rights of custody – Rights of custody, including in particular the right to determine the child’s place of residence, has to be determined in accordance with the law of the State where the child had his habitual residence immediately before the removal

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

Appeal dismissed, return refused

2 children wrongfully removed at ages 9 and 7 – Nationals of Korea – Married parents – Father national of The Republic of Korea– Mother national of The Republic of Korea– Parents had joint custody – Children lived in Japan until 28 June 2016 – Application for return filed with the court of The Republic of Korea on 21 April 2017 – Return refused – Main issue: Article 13(1)(b) – a “grave risk” includes cases where the child is at risk of psychological harm due to frequent violence committed against the other parent.