Case Law Search

Removal and Retention - Arts 3 and 12 | Grave Risk - Art. 13(1)(b) | Procedural Matters

Appeal dismissed, return ordered

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

Acquiescence - Art. 13(1)(a) | Objections of the Child to a Return - Art. 13(2)

Return ordered

Return ordered; removal wrongful and none of the exceptions proved to the standard required under the Convention.

Procedural Matters

Appeal dismissed; refusal to enforce return order upheld. The Court did not find that the refusal to enforce the return order had violated any of the applicant father's rights under either the Swiss Federal Constitution or any international instrument.

Rights of Access - Art. 21

Appeal dismissed and application for access under Article 21 allowed to proceed.

Habitual Residence - Art. 3 | Procedural Matters

Appeal allowed, application dismissed

Appeal allowed and application dismissed; the child was not habitually resident in Switzerland at the time of the removal.

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

Appeal dismissed, return ordered

Appeal dismissed; return ordered; the removal was wrongful as the father's right of custody had been breached, and none of the exceptions raised by the mother had been proved.

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

Return ordered subject to undertakings

Removal wrongful and return ordered subject to undertakings; the standard of harm required under Article 13(1)(b) had not been established.

Habitual Residence - Art. 3 | Grave Risk - Art. 13(1)(b) | Objections of the Child to a Return - Art. 13(2) | Procedural Matters

Return refused

Return refused; the retention was wrongful, but the standard required under Articles 13(1)(b) and 13(2) had been met.

Habitual Residence - Art. 3 | Rights of Custody - Art. 3

Return ordered

Return ordered; the removal was wrongful as the child was habitually resident in Italy at the time of her removal.

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

Appeal dismissed, return ordered

Appeal dismissed and return ordered; the removal was wrongful and the trial court had not erred in its refusal to apply the fugitive disentitlement doctrine.

Remanded; the district court failed to explain its application of the Convention and Canadian law. The District Court was ordered to explicitly apply the relevant portions of the Convention and make findings of fact explaining its application.

Acquiescence - Art. 13(1)(a)

Appeal allowed, return refused

Appeal allowed and return refused; the father had acquiesced in the retention in the terms of Article 13(1)(a).

Rights of Custody - Art. 3

Appeal dismissed, return ordered

Appeal dismissed and return ordered; the Norwegian Social Authorities had rights amounting to custody rights that had been breached by the mother's removal of the child.

Rights of Custody - Art. 3 | Interpretation of the Convention

Appeal dismissed, refusal of Article 15 declaration confirmed

Appeal dismissed; the removal was not wrongful as the father did not enjoy any legal rights of custody.

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

Application dismissed

Return refused; the removal was not wrongful as the father was not actually exercising his rights of custody.

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

Application dismissed

Application dismissed; the removal was not wrongful as the children had not acquired a habitual residence in Spain at the relevant date.

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

Return refused

Return refused; the removal was wrongful, but, the standard required under Article 13(1)(b) had been met that the child would face a grave risk of harm if returned.

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

Appeal dismissed, return ordered

Appeal dismissed insofar as the court found that the standard required under Article 13(1)(b) had not been met. However, the court ruled that the award of expenses should be reduced.

Habitual Residence - Art. 3 | Rights of Custody - Art. 3 | Undertakings

Return ordered with undertakings offered

Return ordered and undertakings volunteered; the removal of the child was wrongful.

Application dismissed

Application dismissed; the child was no longer habitually resident in Germany at the relevant date.