Case Law Search

Removal and Retention - Arts 3 and 12

Application dismissed

Application dismissed; waiver of custody rights not under duress; no need to determine habitual residence given no wrongful removal or retention.

Habitual Residence - Art. 3

Application dismissed

Application dismissed; the removal was not wrongful as the child was habitually resident in Israel.

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

Appeal allowed, application dismissed

1 child allegedly retained at age 3 – National of Canada and United Stated – Unmarried parents – Father national of Brazil – Mother national of Canada – Child lived most of her life in Canada but spent several months in the United States on three separate occasions – Application for return filed with the courts on August 30, 2019 – Application dismissed – Main issue: Art 3 – The child was habitually resident in Canada and therefore there was no wrongful retention

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

Appeal allowed, return refused

The Convention cannot be invoked if by the time of the alleged wrongful act the child is habitually resident in the requested state.

Repudiatory retention exists and involves a subjective intention on the part of the travelling parent not to return, manifested by objectively identifiable act or statement.

Habitual Residence - Art. 3 | Consent - Art. 13(1)(a) | Jurisdiction Issues - Art. 16

Appeal allowed, return refused

Appeal allowed and return refused; regard had to be paid to the terms of the provisional order of the Czech District Court permitting the children to live with the mother in Sweden.

Aims of the Convention - Preamble, Arts 1 and 2 | Habitual Residence - Art. 3 | Consent - Art. 13(1)(a)

Return ordered

Return ordered at the date provided for by the parental agreement.

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

Return ordered

Application allowed; counter-application dismissed. The child was ordered to be returned forthwith to California.

If the mother accompanied the child, he would remain in her temporary custody in Los Angeles County with reasonable access to the father, pending any other interim or permanent order of a California court having jurisdiction.

Rights of Custody - Art. 3

Return ordered

Return ordered; the removal of the child had breached the father's actually exercised rights of custody.

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

In respect of the elder child: The Convention was not applicable, the child having attained the age of 16 by the date of the hearing. In respect of the younger child: Return ordered; the removal was wrongful and none of the exceptions had been proved to the standard required under the Convention.

Rights of Custody - Art. 3 | Procedural Matters

Appeal dismissed, application dismissed

Appeal dismissed and application dismissed; the removal did not breach any rights of custody.

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

Appeal dismissed, return refused

Appeal dismissed and return refused; Article 13(1)(b) had been proved to the standard required under the Convention in light of the intervening custody order made by the authorities in the State of the children's habitual residence.

Rights of Custody - Art. 3

Return refused

Return refused; the retention was not wrongful as the father had consented to the relocation of the child.

Settlement of the Child - Art. 12(2)

Return refused

Return refused; the removal was wrongful but Article 12(2) was successfully invoked, the child now being settled in her new environment.

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.

Unanimous: no infringement of the German Basic Law (Grundgesetz).

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

Return ordered

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

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

Appeal dismissed, return ordered

Appeal dismissed. The removal was wrongful and the exceptions of the Convention inapplicable.

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

Return ordered

Return ordered; the removal was wrongful and no exception had been established.

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

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

Application dismissed

Application dismissed; the child was habitually resident in Israel on the relevant date.