Case Law Search

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

Return ordered

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

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.

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

Appeal dismissed, return ordered

The mother’s complaint appeal (Beschwerde) was rejected and the order for return was maintained with the specification that the child was to be returned to Spain but not necessarily to Madrid.

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.

Habitual Residence - Art. 3

Return ordered

Return ordered; the removal was wrongful as the child was habitually resident in Ireland on the relevant date.

Aims of the Convention - Preamble, Arts 1 and 2 | Settlement of the Child - Art. 12(2)

Appeal allowed, return refused

Appeal allowed and return refused; the removal was wrongful however it was determined that the child had become settled in her new environment in accordance with Article 12(2).

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

Return ordered

Return ordered; the retention was wrongful as the child retained his habitual residence in Israel on the relevant date.

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

Appeal allowed, return ordered

Appeal allowed and return ordered; the retention was wrongful and neither Article 13(1)(b) nor Article 13(2) had been proven to the standard required.

Habitual Residence - Art. 3

Appeal allowed, application dismissed

Appeal allowed and application dismissed; the removal was not wrongful as the child was not habitually resident in the Netherlands on the relevant date.

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

Return ordered

Return ordered; none of the exceptions had been established to the standard required under the Convention. The Australian authorities were in a position to provide for the well-being of the children, if that was required.

Habitual Residence - Art. 3

Application dismissed

Application dismissed; the child had not acquired a habitual residence in the other Contracting State at the date of the alleged wrongful retention.

Habitual Residence - Art. 3

Appeal allowed, following an alternative construction of the concept of habitual residence by the Court of Appeals, the case was remitted to the District Court for it to determine whether the United States had supplanted Israel as the locus of the children's family and social development.

Rights of Custody - Art. 3 | Interpretation of the Convention

Appeal allowed; the removal was wrongful but the case was remitted to the Family Court in Christchurch to enable it to determine whether any of the exceptions were applicable.

Procedural Matters

Appeal allowed; however the application for residence was dismissed on the merits.

Habitual Residence - Art. 3

Application dismissed

Application dismissed; the removal was not wrongful as the child was habitually resident in the United States on the relevant date.

Human Rights - Art. 20

Application dismissed; the Convention conforms with the German Constitution and does not infringe any basic rights.

Aims of the Convention - Preamble, Arts 1 and 2 | Acquiescence - Art. 13(1)(a) | Grave Risk - Art. 13(1)(b) | Objections of the Child to a Return - Art. 13(2) | Human Rights - Art. 20 | Procedural Matters

Return ordered

Return ordered; the retention of the children was wrongful and the standard required under the various exceptions raised had not been met.

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

Return ordered

Return ordered; the order of 13 March 1996 had given the father custody rights and thereafter the retention of the child in Ireland was wrongful within the terms of Article 3.

Habitual Residence - Art. 3 | Grave Risk - Art. 13(1)(b) | Undertakings | Human Rights - Art. 20

Return ordered

Return ordered; the children were habitually resident in Australia at the relevant date, and the standard required under Article 20 to show a breach of the children's constitutional rights had not been met.

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

Appeal dismissed, return ordered

Appeal dismissed and return ordered; Article 13(1)(b) was not proved to the standard required under the Convention.