Case Law Search

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.

Procedural Matters

Appeal against the provisional stay of execution of the return order dismissed.

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

Appeal allowed, return ordered

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

Appeal dismissed, return ordered

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

Return refused

Procedural Matters

Application dismissed; no jurisdiction existed to set aside a return order under New Zealand law.

Procedural Matters

Voluntary return agreed following direct judicial communication between the relevant courts in the jurisdiction of the child's habitual residence (British Columbia, Canada) and the jurisdiction of refuge (Oregon, USA).

Aims of the Convention - Preamble, Arts 1 and 2 | Objections of the Child to a Return - Art. 13(2) | Settlement of the Child - Art. 12(2) | Human Rights - Art. 20 | Issues Relating to Return

Appeal dismissed, return ordered

Appeal dismissed and return ordered; the removal had been wrongful and none of the exceptions had been proved to the standard required under the Convention.

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

Return refused

Removal wrongful but return refused; a return would expose the child to a grave risk of an intolerable situation.

Aims of the Convention - Preamble, Arts 1 and 2 | Consent - Art. 13(1)(a)

Challenge upheld; the actions of the Swiss authorities had led to a breach of the father's right to family life under Art 8 ECHR.

Settlement of the Child - Art. 12(2) | Procedural Matters

Appeal dismissed, return refused

Appeal dismissed and return refused; more than one year had passed between the retention and the filing of the legal action and it was not contested that the children were settled in their new environment.