Case Law Search

Aims of the Convention - Preamble, Arts 1 and 2 | Habitual Residence - Art. 3 | Article 15 Decision or Determination | Procedural Matters | Brussels IIa Regulation (Council Regulation (EC) No 2201/2003 of 27 November 2003)

Appeal allowed, application dismissed

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

Return ordered

The Court found that the retention of the children in South Africa was wrongful and ordered their return to New Zealand.

Habitual Residence - Art. 3

Case remitted to lower court

One child allegedly wrongfully retained at age one month – Married parents – Father national of Greece – Mother national of Switzerland – Child was born in Greece and went to France when he was one month old  – Case remitted to lower court – Main issue: Article 3 – habitual residence of an infant. Given the very young age of the child and the circumstances in which he arrived in France at only one month old and the fact that he has stayed there since with his mother, it was the responsibility of the judges in the lower courts to see if his social and family environment, and so the centre of his life, was in France, notwithstanding the initial intention of the parents regarding the return of the mother and child to Greece after their stay in France.

Habitual Residence - Art. 3 | Rights of Custody - Art. 3 | Grave Risk - Art. 13(1)(b) | Interpretation of the Convention

Appeal dismissed, return ordered

Appeal dismissed and return ordered.  

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

Appeal dismissed, return ordered with undertakings offered

The Court dismissed the appeal and ordered the return of the child: the habitual residence of the child was in the United States, the retention was wrongful and none of the exceptions had been proved to the standard required under the Convention.

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

Appeal allowed and case remitted to the trial court; the removal was wrongful but a determination had to be made as to whether any of the exceptions were applicable.

Jurisdiction Issues - Art. 16

Rights of Custody - Art. 3 | Procedural Matters

Application dismissed

Application dismissed; the applicant father was found, in a majority verdict, not to have possessed rights of custody for the purposes of the Hague Convention at the time of the removal.

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

Return refused

Return refused; the removal was wrongful, but there was a grave risk that a return would expose the child to psychological harm and place him in an intolerable situation.

Removal and Retention - Arts 3 and 12 | Rights of Custody - Art. 3

Return ordered

Return ordered; the retention was wrongful and none of the exceptions had been proved to the standard required under the Convention.

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

Appeal dismissed, return ordered

Appeal dismissed and return order upheld; the removal was wrongful and none of the exceptions were applicable.

Removal and Retention - Arts 3 and 12

Application dismissed

Application dismissed; the removal was not wrongful.

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

Appeal dismissed, return ordered

Appeal dismissed and return ordered; the removal was wrongful and none of the exceptions had been proved to the standard required by the Convention.

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

Appeal dismissed, return ordered

Challenge rejected and return order confirmed. The removal was wrongful and the court of appeal had correctly found the Article 13(1)(b) exception to be inapplicable.

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

Appeal dismissed, return ordered

Appeal dismissed and return ordered.  The removal was wrongful; the children were habitually resident in Spain on the relevant date and consent had not been established.

Habitual Residence - Art. 3

Return refused

1 child allegedly wrongfully retained at age 2 – National of Norway and USA – Married parents– Father national of USA – Mother national of Norway – Parents exercised joint rights of custody – Child lived in USA until 2010 – Application for return filed with the Central Authority of Norway in December 2011 –Return refused – Main issue: Article 3 – The father had consented to the change of habitual residence of the child

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

Appeal allowed, return ordered

Appeal allowed, return ordered. The retention was considered wrongful. The appeal was considered unfounded and lacking any legal basis since the mother had not demonstrated the existence of substantive or procedural errors which would have served as a basis to overturn the decision that ordered the return.

Habitual Residence - 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; return ordered.

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

Appeal allowed, return ordered

Appeal allowed, return ordered. The mother's allegation of grave risk was not found to be proved.

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

Appeal dismissed, return ordered

1 child wrongfully removed at age 6 - Divorced parents - Mother a national of France and Israel - Mother had custody, father extensive access rights - Child lived in Israel until summer 2015 - Return proceedings initiated in March 2016 - Return ordered - Main issues: rights of custody, Art. 13(1)(b) grave risk exception to return, human rights - A parent has "rights of custody" under the 1980 Hague Child Abduction Convention if he has extensive access rights and the right to consent to change of the child's residence - The Art. 13(1)(b) grave risk exception of the Convention does not apply where the child would have access to satisfcatory treatment for an illness in the State of habitual residence