Case Law Search

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.

Rights of Custody - Art. 3

Appeal dismissed, return ordered

Appeal dismissed and return ordered; the children had been wrongfully removed from their State of habitual residence.

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

Return refused

Return refused; the standard required under Article 13(1)(b) had been met.

Habitual Residence - Art. 3

Return ordered

Return ordered; the removal was wrongful as the child was habitually resident in Chile at the relevant date.

Rights of Access - Art. 21 | Interpretation of the Convention

Application dismissed

Application dismissed; there was no cause of action under the Convention to enforce access rights absent the wrongful removal or retention of the child.

Habitual Residence - Art. 3

Application dismissed

Application dismissed; the retention was not wrongful as the children were habitually resident in the United States at the relevant date.

Rights of Custody - Art. 3 | Procedural Matters

Return ordered

Appeal dismissed and return ordered; the removal was wrongful, the father was actually exercising rights of custody.

Return ordered

Return ordered; the removal was wrongful and the standard required under Article 13(1)(a) had not been met.

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

Return ordered with undertakings offered

Return ordered, undertakings offered; a court is not required to adjourn its proceedings to allow an investigation of a child's views.

Rights of Custody - Art. 3 | Consent - Art. 13(1)(a) | Acquiescence - Art. 13(1)(a)

Return ordered

Return ordered; the removal of the children breached the mother's rights of custody, the standard required under Article 13(1)(a) to show consent had not been met.

Habitual Residence - Art. 3

Appeal allowed, return ordered

Appeal allowed and return ordered; the child was still habitually resident in France and consequently the retention was wrongful.

Procedural Matters

Application dismissed

Petition dismissed; the merits of the dispute had already been decided by the state court.

Rights of Custody - Art. 3 | Procedural Matters

Return ordered

Return ordered; the removal was in breach of rights of custody vested in the local authority.

Habitual Residence - Art. 3

Appeal allowed; case remitted to the District Court to determine whether, under the law of Germany, the father had rights of custody at the time of the removal and whether he was exercising those rights.

Acquiescence - Art. 13(1)(a)

Return refused

Removal wrongful but return refused; the father had acquiesced in terms of Article 13(1)(a) and the court exercised its discretion not to order the return of the child.

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

Return ordered

Return ordered; the child was habitually resident in the United States on the relevant date.

Aims of the Convention - Preamble, Arts 1 and 2 | Habitual Residence - Art. 3 | Grave Risk - Art. 13(1)(b) | Objections of the Child to a Return - Art. 13(2)

Constitutional complaint upheld; the decision of the Higher Regional Court (OLG) had violated the parental rights of the father pursuant to German Basic Law and violated the constitutional rights of the children. The case was remitted to the Higher Regional Court (OLG) of Celle.