Case Law Search

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

Appeal dismissed, application dismissed

Appeal rejected on a majority verdict; application dismissed. The majority found the children to be habitually resident in the US at the date of the retention.

Habitual Residence - Art. 3 | Procedural Matters

Application dismissed

Application dismissed; the retention was not wrongful as the child had acquired a habitual residence in Germany.

Habitual Residence - Art. 3 | Removal and Retention - Arts 3 and 12 | Acquiescence - Art. 13(1)(a)

Appeal allowed, return ordered

Appeal allowed and return ordered; the retention was wrongful the child having become habitually resident in Germany following the father's acquiescence in the initial wrongful removal.

Rights of Custody - Art. 3

Appeal allowed; the Court of Appeals held that the mother's right of veto over the removal of the child from Scotland did not afford her a "right of custody" for the purposes of the Convention, consequently the removal was not wrongful. The case was remitted to the District Court for further orders.

Rights of Custody - Art. 3

Appeal allowed, return refused

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

Appeal dismissed, return refused

Appeal dismissed and return refused; the retention was wrongful but the conditions for application of the exception of Article 13(1)(b) were met.

Interpretation of the Convention

Appeal dismissed, application dismissed

Appeal dismissed; application dismissed. At the start of the wrongful retention, the Convention was not yet in force in Austria.

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

Return refused

Removal wrongful and return refused; Article 13(1)(b) had been proved to the standard required under the Convention.

Habitual Residence - Art. 3

Application dismissed

Application dismissed; the retention was not wrongful because the children had lost their habitual residence in France upon departure and had acquired a habitual residence in Alberta, Canada.

Non-Convention Issues

Appeal dismissed, return ordered

Appeal dismissed and return ordered; it was in the best interests of the children to return to Sudan.

Settlement of the Child - Art. 12(2)

Return refused

Removal wrongful but return refused; the child was found to be settled in her new environment in accordance with the terms of Article 12(2).

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

Return refused

Return refused; retention wrongful, but the objections of the child were upheld.

Non-Convention Issues

The Court ruled that Turkey had breached Article 8 of the ECHR in failing to take proper steps to enforce the mother's access rights to her children . The Court also made an award of compensation to the mother under Article 41 of the ECHR.

Rights of Custody - Art. 3 | Procedural Matters

Article 15 declaration granted

Article 15 declaration made that the removal of the child was wrongful within the meaning of Article 3 of the Convention. The father was deemed to hold and to be actually exercising rights of custody.

Rights of Custody - Art. 3

Application inadmissible; There was an objective and reasonable justification for the difference in treatment between married and unmarried fathers with regard to the automatic acquisition of parental rights.

Habitual Residence - Art. 3

Return ordered

Retention wrongful and return ordered; the child was habitually resident in Germany on the relevant date.

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

Return ordered

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

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

Return ordered

Return ordered; the removal was wrongful being in breach of the father's rights of custody.

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

Return ordered

Return ordered. The removal was wrongful being in breach of the mother's right of custody.