Case Law Search

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.

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.

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

Return ordered

Return ordered; the standard required under Article 13(1)(b) to indicate that the child would face a grave risk of physical harm or an intolerable situation had not been met.

Habitual Residence - Art. 3

Application dismissed

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

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

Return ordered with undertakings offered

Retention wrongful and return ordered with undertakings offered; harm, if any existed, would result from unsupervised access with the father, not by the children returning to Australia.

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

Return ordered

Return ordered; the application under Article 13(1)(b) exception failed. The mother and children were sufficiently protected against harm by measures under the Convention and the laws of the American courts.

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

Return refused

Return refused; Article 13(1)(b) applied in the mother's favour. The effect of an order returning the children to the United States of America would be a serious deterioration in the mother's condition and the children would be affected accordingly.

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

Appeal dismissed, return refused

Appeal dismissed and return refused; the father's history of depression and alcoholism created a risk to the child serious enough to support a finding under Article 13(1)(b).

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

Return ordered

Return ordered; the standard required under Article 13(1)(b) to indicate the children would face a grave risk of psychological harm had not been met.

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

Return ordered

Return ordered; the standard required under Article 13(1)(b) to indicate that the child would face a grave risk of harm had not been met.