Case Law Search

Rights of Custody - Art. 3

Appeal dismissed, return ordered

One child wrongfully retained at age 8 – National of Chile – Unmarried parents – Father national of Chile – Mother national of Chile – Agreement that the “cuidado personal” is solely attributed to the mother, but in fact it is exercised by both – Child lived in Chile until 14 August 2017 – Application for return filed with the courts of Switzerland on 19 September 2018 – Return ordered – Main issue: Rights of custody – Even though formally they agreed that the mother has the sole “cuidado personal” in fact both of the parents exercise it and therefore after the agreed date of return to Chile the retention was wrongful.

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

Return ordered

Removal wrongful and return ordered, with the father ordered to pay the costs of return; the child was habitually resident in Turkey at the time of her removal and none of the exceptions had been established to the standard required under the Convention.

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

Return ordered

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

Habitual Residence - Art. 3

Return ordered

Return ordered; the removal was wrongful as the child was habitually resident in Ireland on the relevant date.

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

Return ordered

Return ordered; none of the exceptions had been established to the standard required under the Convention. The Australian authorities were in a position to provide for the well-being of the children, if that was required.

Aims of the Convention - Preamble, Arts 1 and 2 | Rights of Custody - Art. 3 | Grave Risk - Art. 13(1)(b) | Undertakings | Procedural Matters

Return ordered

Return ordered; the removal was wrongful as it was in breach of the father's actually exercised rights of custody and the standard required under Article 13(1)(b) to indicate a grave risk of harm had not been met.

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

Challenge to legality dismissed; the removal was wrongful but Articles 13(1)(b) and 13(2) had been proved to the standard required under the Convention. The return was therefore refused.

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

Challenge to legality dismissed; the removal was wrongful and Article 13(1)(b) had not been proved to the standard required under the Convention.

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

Appeal allowed, return ordered with undertakings offered

Appeal dismissed and return ordered with undertakings offered; the removal was wrongful as the child was habitually resident in the United States at the relevant date.

Rights of Custody - Art. 3

Article 15 declaration refused

Article 15 declaration refused; no rights of custody had been breached when the children were removed.

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

Appeal dismissed, return ordered

Appeal dismissed and return ordered; the Irish court held rights of custody in respect of the child and the father was allowed to rely on those rights in making a return application under the Convention.

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

Application dismissed

Application dismissed; the applicant father did not have rights of custody.

Rights of Custody - Art. 3 | Procedural Matters

Article 15 declaration granted

Article 15 declaration granted; the removal of the boys was wrongful insofar as it breached an implied right under New York law that access rights not be frustrated by the unilateral relocation of a child.

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

Application dismissed

Application dismissed; there had neither been a wrongful removal nor a wrongful retention.

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

Appeal dismissed, return ordered

Appeal dismissed and return ordered; the role played by the unmarried father in the care of the child was sufficient to vest him with custody rights. These rights were breached when the child was fraudulently taken to Wales.

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

Article 15 declaration granted

Article 15 declaration granted; the removal of the children breached rights of custody vested in the English court seized of the pending custody proceedings.

Rights of Custody - Art. 3

Article 15 declaration granted

Article 15 declaration granted; the removal was wrongful.

Rights of Custody - Art. 3

Rights of Custody - Art. 3

Appeal dismissed, return ordered

Appeal dismissed and return ordered; the removal breached a right of custody actually exercised by the grandmother.

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)

Return ordered

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