Case Law Search

Removal and Retention - Arts 3 and 12 | Grave Risk - Art. 13(1)(b) | Objections of the Child to a Return - Art. 13(2)

Appeal dismissed, return ordered

Appeal dismissed and return ordered; the retention was wrongful and the child's objections were rejected as she was not sufficiently mature and had been unduly influenced by her mother.

Return refused

Rights of Custody - Art. 3 | Procedural Matters

Article 15 declaration granted

Article 15 declaration granted; the child was habitually resident in Ontario and his retention was in breach of the mother's rights of custody.

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

Appeal allowed, return ordered

Return ordered; the "grave risk of harm" exception had not been established.

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

Return refused

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

Return refused

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

Appeal allowed, return refused

Appeal allowed and return refused; the objections of the child were of sufficient strength to activate the Article 13(2) exception.

Grave Risk - Art. 13(1)(b) | Settlement of the Child - Art. 12(2) | Human Rights - Art. 20 | Procedural Matters

Return ordered

Human Rights - Art. 20

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

Appeal allowed, return ordered

Role of the Central Authorities - Arts 6 - 10

Consent - Art. 13(1)(a) | Grave Risk - Art. 13(1)(b)

Return refused

Return refused; the applicant father was found to have consented to the child living in South Africa permanently and the child would face a grave risk of harm if returned to the applicant.

Issues Relating to Return

Habitual Residence - Art. 3

Appeal allowed and case remitted to the District Court; the trial court had erred in its legal interpretation of the concept of habitual residence.

Human Rights - Art. 20 | Procedural Matters

Appeal allowed and application dismissed; under Australian law an individual had no standing to make a return application. Permission was nevertheless granted for a new application to be made by the Commonwealth Central Authority.

Habitual Residence - Art. 3

Application dismissed

Application dismissed; the child was not habitually resident in another Contracting State at the date of the retention.

Grave Risk - Art. 13(1)(b) | Rights of Access - Art. 21 | Procedural Matters

Appeal dismissed, return ordered

Appeals dismissed and return ordered; the step-sister's application for contact with her wrongfully removed half sibling had to await the outcome of the Convention proceedings, and, the Commonwealth Central Authority was not estopped from bringing a separate return application.

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

Return ordered

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

Grave Risk - Art. 13(1)(b) | Settlement of the Child - Art. 12(2)

Appeal dismissed, return refused

Appeal dismissed and return refused; the removal was wrongful but the standard of harm required under Article 13(1)(b) had been proved.

Procedural Matters

Appeal dismissed; the Court confirmed the provisional measure rendering the decision taken by the Higher Regional Court not enforceable until the Court had decided on the merits of the case in the main proceedings.