Case Law Search

European Convention on Human Rights (ECHR)

ECrtHR - Violation of Article 8 ECHR, award of damages

Unanimous: infringement of Article 8 of the European Convention on Human Rights (ECHR); award of damages on the basis of Article 41 of the ECHR.

Habitual Residence - Art. 3 | Acquiescence - Art. 13(1)(a) | Grave Risk - Art. 13(1)(b) | Issues Relating to Return | Procedural Matters

Appeal allowed, return ordered

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

Procedural Matters

Appeal dismissed, return refused

Appeal dismissed; the father had applied for return only in the event that he should be awarded custody of the children.

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

Appeal dismissed, return ordered

Appeal dismissed, return ordered. The removal was wrongful and no exception asserted was applicable.

Habitual Residence - Art. 3

Case remitted to lower court

Removal and Retention - Arts 3 and 12 | Interpretation of the Convention

Appeal dismissed, return ordered

Appeal dismissed, return ordered. 

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

Appeal dismissed, return ordered

Appeal dismissed, return ordered. The retention was wrongful and the exceptions raised inapplicable.

Removal and Retention - Arts 3 and 12

Appeal allowed and decision of the Appeal Court annulled and case remitted so that a new ruling be rendered on the issue of return in light of the decision of the Cour de Cassation.

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

Appeal dismissed, return refused

1 child (allegedly) wrongfully removed at age 4 – National of the USA – Unmarried parents – Father national of the USA and the Dominican Republic – Mother national of Switzerland, the Dominican Republic, Italy – Shared parental responsibility – Child lived in the USA – Application for return filed with the Central Authority of Switzerland on 7th of January 2021 – Return refused – Main issue: Grave Risk (Art. 13(1)(b) – Status quo ante cannot be attained, since mother has a travel ban to the USA. Grave risk to the child if separated from the mother for the next 10 years.

Habitual Residence - Art. 3

Appeal allowed, return refused

Child (Japanese national) born in 2017 in Japan ― Father and mother are Japanese nationals ― Parents went to the Philippines from Japan with the child in December 2017 ― Parents and child travelled back and forth due to absence of long-term visa in the Philippines ― Parents maintained properties in the Philippines and Japan, and business in Japan ― Mother removed the child from the Philippines to Japan in November 2018 ― Father filed petition in Japanese courts for the child’s return in October 2019 ― Return ordered at first instance ― Appeal allowed and return dismissed by appellate Japanese court ― Main issue: Habitual Residence.

Habitual Residence - Art. 3 | Human Rights - Art. 20

Return ordered

Return ordered.

Removal and Retention - Arts 3 and 12 | Rights of Custody - Art. 3 | Grave Risk - Art. 13(1)(b) | Human Rights - Art. 20 | Jurisdiction Issues - Art. 16 | Procedural Matters

Appeal allowed, return ordered

Wrongful retention of a 1-year-old girl – separated parents – Spanish father – Venezuelan mother – the custody rights were jointly exercised – the girl lived in Spain until July 2011 – the return request was filed before the Spanish courts on 12 July 2011 – Appeal allowed, return ordered – Main issues: removal and retention, rights of custody, grave risk, human rights, jurisdiction issues, procedural matters - removal was not wrongful, but retention was, since the father did not authorise the girl’s permanent stay in Venezuela – both parents had custody rights under Spanish law – the mother did not establish the grave risk circumstances claimed – the girl’s return did not violate any Venezuelan fundamental principle on human rights protection – who is the right parent to have custody should not be discussed within return proceedings; on the contrary, this type of proceeding is concerned with whether there was a wrongful removal or retention – measures were taken to secure the safe return  of the child to Spain and the parents were encouraged to resort to mediation.

Removal and Retention - Arts 3 and 12

Appeal dismissed, application dismissed

Appeal dismissed and application dismissed; the removal was not wrongful as the father had consented to the relocation of the child on the basis of Article 13(1)(a).

Habitual Residence - Art. 3 | Objections of the Child to a Return - Art. 13(2)

Appeal allowed and case remitted to the Family Division of the High Court to reconsider the habitual residence of the children.

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

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

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

Appeal dismissed, return ordered

Appeal dismissed and return ordered; the retention was wrongful as the child was habitually resident in Australia at the relevant time, and none of the exceptions had been proved.

Habitual Residence - Art. 3

Appeal dismissed, application dismissed

Appeal dismissed and application dismissed; the removal was not wrongful as the child had never lost her original habitual residence in Texas.

European Convention on Human Rights (ECHR) | Procedural Matters

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

Appeal dismissed, return ordered

Appeal dismissed and return ordered; the District Court had not erred in deciding the case on the basis of the pleadings as elucidated by the parties' arguments at the preliminary hearing; the removal was wrongful and the Article 13(1)(b) exception had not been established.