Case Law Search

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

Return ordered

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

Non-Convention Issues

Appeal dismissed and leave to remove the child out of the jurisdiction granted.

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

Return refused

Return refused; the removal was wrongful, but Article 13(2) had been proved to the standard required under the Convention.

Rights of Access - Art. 21 | Procedural Matters

Application dismissed

Application dismissed; in the absence of a court order conferring him access rights, the father did not have the standing to bring an application for access pursuant to the Family Law (Child Abduction Convention) Regulations.

Grave Risk - Art. 13(1)(b) | Human Rights - Art. 20

Return refused

Retention wrongful but return refused; the standard required under Article 13(1)(b) had been made out. The fact that the mother was denied entry into the United States constituted a grave risk that the child would be placed in an intolerable situation if sent back alone.

Consent - Art. 13(1)(a)

Appeal allowed, return ordered

Appeal allowed and return ordered; the removal had breached the father's rights of custody, and there was in-sufficient evidence to indicate consent. In addition the standard required under Article 13(1)(b), to indicate that the children would face a grave risk of harm, had not been met.

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

Appeal allowed, return refused

Appeal allowed and return refused; the retention of the children had been wrongful, but a grave risk of harm had been proved to the standard required under the Convention.

Rights of Custody - Art. 3

Appeal dismissed, return ordered

Appeal dismissed and return ordered; the removal was wrongful as it breached the father's rights of custody.

Habitual Residence - Art. 3

Application dismissed

Application dismissed; the retention was not wrongful as the child was not habitually resident in Australia on the relevant date.

Rights of Custody - Art. 3

Appeal dismissed, application dismissed

Appeal dismissed and application dismissed; the removal was not wrongful as no right of custody had been breached.

Rights of Custody - Art. 3 | Human Rights - Art. 20 | Procedural Matters

Appeal dismissed, return refused

Appeal dismissed and return refused; the return of the child would be contrary to the basic principles of Spanish law concerning the protection of human rights and basic liberties; the strict standard required under Article 20 had been made out.

Return ordered

Return ordered; the State was liable for travel costs involved in the return but the court reserved the right to recover some or all of those costs from the mother.

Appeal dismissed and return order allowed to stand; the retention was wrongful and none of the Article 13 exceptions had been proved.

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

Return refused

Return refused; the removal was not wrongful as the father was not exercising his rights of custody at the time of removal and therefore no rights of custody had been breached.

Habitual Residence - Art. 3

Appeal dismissed, return ordered

Appeal dismissed, removal wrongful and return ordered; the child was habitually resident in the United States on the relevant date.

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

Challenge to legality dismissed; the retention was wrongful and the standard of harm required under Article 13(1)(b) had not been made out.

Rights of Custody - Art. 3

Return ordered with undertakings offered

Return ordered with undertakings offered; the removal was in breach of the father's actually exercised rights of custody.

Human Rights - Art. 20

Appeal allowed; the decision of the court of appeal was wrong in law and quashed. The return application was remitted to a lower court for re-hearing.

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

Appeal dismissed, return refused

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

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

Appeal allowed, return ordered