Case Law Search

Rights of Custody - Art. 3

Appeal dismissed, return refused

Non-Convention Issues

Appeal allowed, return refused

Appeal allowed and return refused; a return to Lebanon would flagrantly violate, or completely deny or nullify, both the mother and child's right to respect for their family life together.

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.

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

Interpretation of the Convention

Acquiescence - Art. 13(1)(a)

Appeal allowed, return refused

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.

Procedural Matters

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

Appeal allowed, return ordered

Habitual Residence - Art. 3 | Jurisdiction Issues - Art. 16 | Brussels IIa Regulation (Council Regulation (EC) No 2201/2003 of 27 November 2003)

Appeal allowed and case remitted to trial court to re-assess the issue of the child's habitual residence and consequently whether the removal was wrongful.

Habitual Residence - Art. 3

Case remitted to lower court

Appeal dismissed, return ordered

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

Appeal dismissed, return ordered

Appeal dismissed, return ordered. 

Habitual Residence - Art. 3

Rights of Custody - Art. 3

Appeal allowed; the decisions on the merits were quashed and the case referred back to the court of first instance for it to rule on the father's application in accordance with the Hague Convention and the principles set down by the Supreme Court in the case at hand. The removal was wrongful under the terms of Article 3.

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

Appeal allowed, return ordered

Appeal allowed, return ordered; the removal was wrongful and the grave risk of harm envisaged by Art. 13 (1)(b) was not proved.

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

Legal challenge upheld and new order issued for the child to be returned; the removal was wrongful and the conditions necessary for the application of Article 13(1)(b) of the 1980 Hague Child Abduction Convention had not been met.

Grave Risk - Art. 13(1)(b) | Issues Relating to Return

Aims of the Convention - Preamble, Arts 1 and 2 | Removal and Retention - Arts 3 and 12 | Grave Risk - Art. 13(1)(b)

Appeal allowed, return ordered

Return ordered.

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

Appeal allowed, return ordered

Appeal allowed, return ordered.