Case Law Search

Habitual Residence - Art. 3 | Role of the Central Authorities - Arts 6 - 10

Appeal dismissed, return ordered

Appeal dismissed and return ordered; the boys were habitually resident in the United States at the relevant time and none of the exceptions had been made out.

Rights of Custody - Art. 3

Article 15 declaration granted

Article 15 declaration granted; the breach of custody rights vested in the English court was sufficient to make the removal of the child wrongful.

Rights of Custody - Art. 3 | Undertakings | Objections of the Child to a Return - Art. 13(2) | Procedural Matters

Return refused

Return refused; the High Court exercised its discretion under Article 13 not to order the return of the children; grave risk of an intolerable situation and objections of the elder child both being established.

Rights of Custody - Art. 3

Appeal allowed, return ordered subject to undertakings

Appeal allowed and return ordered, subject to undertakings; the standard required under Article 13(1)(b) had not been met and the Court of Appeal ordered the return of the child subject to undertakings by the applicant father.

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

Return refused

Return refused; the removal was not wrongful for the child was not habitually resident in Ontario on the relevant date.

Habitual Residence - Art. 3 | Objections of the Child to a Return - Art. 13(2) | Procedural Matters

Appeal allowed, return refused

Appeal allowed and return refused; the standard required under Article 13(2) had been met.

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

Appeal dismissed, return ordered

Appeal dismissed and return ordered; the trial judge had been justified in finding that the standard required under 13(2) had not been met.

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

Appeal dismissed, return ordered

Appeal dismissed and return ordered; the father had been actually exercising his custody rights and the standard required under Article 13(1)(b) had not been met.

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

Return ordered

Appeal dismissed and return ordered; the standard required under Article 13(1)(b) had not been made out.

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

Return ordered

Return ordered; the retention of the girls against the wishes of the father was wrongful and the standard of harm required under Article 13(1)(b) had not been met.

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

Return ordered

Return ordered; the role played by the grandparents in the care of the child was sufficient to vest them with custody rights. These rights were breached when the mother removed the child.

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

Appeal allowed, return refused

Appeal allowed and return refused; the Court of Appeal found that there had been a wrongful removal but exercised its discretion under Article 13(1)(b) not to order the return of the child.

Article 15 Decision or Determination

Appeal dismissed, granting of Article 15 declaration confirmed

Appeal dismissed and granting of Article 15 declaration confirmed; the 1992 residence order allowing the mother to relocate to California no longer having any effect.

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

Appeal allowed, return ordered with undertakings offered

Appeal allowed - return ordered with undertakings offered; the mother had breached rights of custody held by the Ontario court.

Rights of Custody - Art. 3 | Acquiescence - Art. 13(1)(a) | Grave Risk - Art. 13(1)(b) | Settlement of the Child - Art. 12(2)

Return refused

Return refused; the removal of the child to England was not wrongful under Greek law.

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

Return ordered

Appeal dismissed and return ordered; even though the parents had no legal status to work or to remain on any permanent basis in the United States of America, the children were habitually resident in California immediately before the wrongful removal.

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

Appeal dismissed, return refused

Appeal dismissed and return refused; the standard required under Article 13(2) to indicate that the objections of a child should be taken into account had been met.

Grave Risk - Art. 13(1)(b) | Undertakings | Objections of the Child to a Return - Art. 13(2) | Rights of Access - Art. 21

Subject to an undertaking, the child was to be sent to the United States for a two week period of contact with the father.

Aims of the Convention - Preamble, Arts 1 and 2 | Grave Risk - Art. 13(1)(b) | Objections of the Child to a Return - Art. 13(2)

Return refused

Return refused; the removal was wrongful, but, on the strength of the child's objection to a return to Germany, the court exercised its discretion under Article 13(2) not to send her back.

Rights of Custody - Art. 3

Appeal allowed, return ordered

The Court of Appeal allowed the appeal, finding that there had been a wrongful removal.