Case Law Search

Application dismissed

Application dismissed; the child was not habitually resident in Germany at the relevant date.

Habitual Residence - Art. 3

Application dismissed

Application dismised; the children were not habitually resident in Israel at the relevant date.

Habitual Residence - Art. 3 | Removal and Retention - Arts 3 and 12 | Rights of Custody - Art. 3

Return ordered

Application for review dismissed and return ordered; the mother's removal of the child from England was wrongful as the child was habitually resident in England at the relevant date and the father was exercising his custody rights.

Settlement of the Child - Art. 12(2)

Appeal dismissed, return ordered

Appeal dismissed and return ordered; the court found that none of the children was so emotionally and physically integrated as to be settled in Tasmania within the meaning of Article 12(2).

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

Return ordered with undertakings offered

Return ordered with undertakings offered; the child was habitually resident in England at the relevant date.

Acquiescence - Art. 13(1)(a)

Return refused

Removal wrongful but return refused; the standard required under Article 13(1)(a) had been met to show acquiescence on the part of the father.

Rights of Custody - Art. 3

Article 15 declaration granted

Declaration granted that the removal was wrongful, being in breach of custody rights held by the court.

Habitual Residence - Art. 3

Application dismissed

Application dismissed; the children were not habitually resident in Canada at the relevant date.

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

Return ordered

Retention wrongful and return ordered; the standard required under Article 13(2) to show that the child objected to a return had not been met.

Settlement of the Child - Art. 12(2)

Return ordered

Removal wrongful and return ordered; the standard required under Article 12(2) to show that the children were settled in their new environment had not been made out.

Grave Risk - Art. 13(1)(b) | Undertakings | Interpretation of the Convention

Return ordered subject to undertakings

Removal wrongful and return ordered subject to undertakings; the standard required under Article 13(1)(b) to indicate that the children would face a grave risk of physical harm had not been met.

Rights of Custody - Art. 3 | Acquiescence - Art. 13(1)(a) | Grave Risk - Art. 13(1)(b) | Objections of the Child to a Return - Art. 13(2)

Return ordered

Return ordered; the standard required under Articles 13(1)(a), 13(1)(b) and 13(2) had not been met.

Acquiescence - Art. 13(1)(a) | Undertakings

Appeal allowed, return ordered with undertakings offered

Appeal allowed and return ordered with undertakings offered; the father had not acquiesced in terms of Article 13(1)(a).

Aims of the Convention - Preamble, Arts 1 and 2 | Undertakings

No order made; undertakings and the post return situation considered.

Undertakings

Appeal allowed and return ordered, with the imposition of far reaching undertakings being refused. The Australian implementing legislation did not empower a court to place conditions on the return of a child.

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

Appeal allowed, return refused

Appeal allowed, removal wrongful but return refused; the standard required under Article 13(2) had been made out in respect of the older child, that in turn led to a finding that the younger sibling would face an intolerable situation, under Article 13(1)(b), if returned alone.

Removal and Retention - Arts 3 and 12 | Objections of the Child to a Return - Art. 13(2) | Procedural Matters

Return refused

Return refused; the removal was wrongful, but, on the strength of the child's objection to a return to Germany, the court exercised its discretion under Article 13(2) not to order her return.

Procedural Matters

Application dismissed

Application dismissed.

Aims of the Convention - Preamble, Arts 1 and 2 | Habitual Residence - Art. 3 | Acquiescence - Art. 13(1)(a) | Interpretation of the Convention

Application dismissed

Application dismissed; the children were habitually resident in Australia on the relevant date.

Rights of Custody - Art. 3

Return ordered

Return ordered; the removal breached custody rights held by the father.