Case Law Search

Consent - Art. 13(1)(a) | Undertakings | Issues Relating to Return | Procedural Matters

Appeal dismissed, return ordered

Appeal dismissed and return ordered subject to a mirror order being obtained in the Netherlands; the retention was wrongful and the allegation that the applicant father had consented had not been proved.

Issues Relating to Return | Procedural Matters

Habitual Residence - Art. 3

Application dismissed

Application dismissed; the child's habitual residence was in Israel at the date of the removal and so the Convention did not apply.

Habitual Residence - Art. 3 | Issues Relating to Return | Procedural Matters

Return order refused. Non return order in French Convention proceedings upheld.

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

Appeal dismissed; the Cour de cassation ruled that the Court of Appeal had correctly deemed that the return would not expose the children to a grave risk.

Non-Convention Issues

Appeal allowed, return ordered

Appeal allowed and return ordered; notwithstanding the period of almost 3 years spent in the United Kingdom, it was in the best interests of the children to return to Mozambique, their mother, a failed asylum seeker, having no realistic prospect of being allowed to remain.

Article 15 Decision or Determination | Issues Relating to Return

Appeal dismissed, granting of Article 15 declaration confirmed

Appeal dismissed and declaration upheld; jurisdiction existed to make an Art 15 declaration at the behest of the father.

Rights of Custody - Art. 3

Appeal dismissed, return refused

Rights of Custody - Art. 3 | Human Rights - Art. 20 | Procedural Matters

Appeal allowed, return ordered

Objections of the Child to a Return - Art. 13(2) | Settlement of the Child - Art. 12(2) | Human Rights - Art. 20

Appeal dismissed, return ordered

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

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

Appeal dismissed and return order upheld: the Court of Appeal had proper grounds to order the children's return to Italy.

Grave Risk - Art. 13(1)(b) | Objections of the Child to a Return - Art. 13(2) | Procedural Matters

Appeal dismissed; the Court of Appeal had duly applied the provisions of the Brussels II a Regulation (Council Regulation (EC) No 2201/2003 of 27 November 2003).

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

Return ordered

Removal wrongful and return ordered; the child was habitually resident in France and Article 13(1)(b) had not been proved to the standard required under the Convention.

Rights of Access - Art. 21

Appeal dismissed, application dismissed

Appeal dismissed and application dismissed; by a majority verdict it was held that under the International Child Abduction Remedies Act there was no jurisdiction for a Federal Court to hear an access claim.

Rights of Access - Art. 21

Application dismissed

Application dismissed; the court did not have jurisdiction to consider a request for access rights as a remedy to a wrongful retention.

Objections of the Child to a Return - Art. 13(2) | Procedural Matters

Appeal allowed, return ordered

Appeal allowed and return ordered; the trial judge had erred in exercising his discretion after having found the Article 13(2) exception to have been made out.

Removal and Retention - Arts 3 and 12 | Consent - Art. 13(1)(a)

Return ordered

Return ordered; the removal was wrongful and consent had not been established.

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

Appeal dismissed, return refused

Appeal dismissed and return refused; the retention was wrongful, but acquiescence had been established to the standard required under the Convention.

Procedural Matters

Challenge against the return order declared inadmissible; request for legal aid rejected.

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

Challenge against the legality of the appellate judgment dismissed and return order confirmed; the retention was wrongful and Article 13(1)(b) had not been made out to the standard required under the Convention.