Rights of Custody - Art. 3 | Article 15 Decision or Determination
Article 15 declaration granted
3 5 15
Appeal allowed; article 15 declaration granted. The applicant father was considered to hold rights of custody under New Zealand law.
Removal and Retention - Arts 3 and 12 | Rights of Custody - Art. 3 | Grave Risk - Art. 13(1)(b)
Appeal dismissed, return ordered
3 4 5 12 13(1)(b)
Appeal dismissed, return ordered. The removal was wrongful and none of the exceptions raised applied.
Removal and Retention - Arts 3 and 12 | Rights of Custody - Art. 3 | Grave Risk - Art. 13(1)(b) | Undertakings
Return ordered subject to undertakings
3 5 12 13(1)(b) 14
Removal wrongful and return ordered; Article 13(1)(b) had not been proved to the standard required under the Convention.