Case Law Search

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

Return ordered

Return ordered; the retention was wrongful and neither Article 13(1)(b) nor Article 13(2) had been proved to the standard required under the Convention.

Settlement of the Child - Art. 12(2)

Return refused

Return refused; the child was now settled in her new environment, per Article 12(2).

Rights of Access - Art. 21 | Interpretation of the Convention

Appeal dismissed; the Family Law Regulations, which give effect to rights arising under the Hague Convention, do not accord the Australian Central Authority with the power to apply for access rights to be created.

Habitual Residence - 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 removal was wrongful and neither Article 13(1)(b) nor Article 13(2) had been proved to the standard required under the Convention.

Habitual Residence - Art. 3 | Undertakings | Settlement of the Child - Art. 12(2)

Appeal allowed, return ordered with undertakings offered

Appeal dismissed and return ordered with undertakings offered; the removal was wrongful as the child was habitually resident in the United States at the relevant date.

Acquiescence - Art. 13(1)(a)

Appeal allowed, return refused

Appeal allowed and return refused; the standard required under Article 13(1)(a) to indicate acquiescence to a removal had been met.

Procedural Matters

Application dismissed

Return application struck out; the applicant had failed to conduct the proceedings with proper diligence and speed.

Rights of Custody - Art. 3 | Procedural Matters

Return ordered

Return ordered; the removal of the child was wrongful as the mother was in breach of her own rights of custody.

Habitual Residence - Art. 3

Application dismissed

Return refused; the child was not habitually resident in Greece at the relevant date.

Aims of the Convention - Preamble, Arts 1 and 2

Appeal allowed, return refused

Appeal allowed and return refused; the District Court had abused its discretion in declining to invoke its equitable power to hold that the father was disentitled to assert his claim in a United States District Court.

Habitual Residence - Art. 3 | Procedural Matters

Application dismissed

Application dismissed; the child was habitually resident in England at the relevant date.

Habitual Residence - Art. 3 | Acquiescence - Art. 13(1)(a) | Objections of the Child to a Return - Art. 13(2)

Return refused

Return refused; the removal was wrongful but the standard required under Article 13(1)(a) had been met to indicate that the father had acquiesced.

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

Return refused

Return refused; the removal was wrongful, but the court exercised its discretion under Article 13(2) not to make a return order.

Acquiescence - Art. 13(1)(a) | Procedural Matters

Appeal dismissed, return refused

Appeal dismissed and return refused; the standard required under Article 13(1)(a) had been met to show that the father had acquiesced.

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

It was inappropriate for the children to be represented by either of the parties or by the court welfare officer, therefore they were to be separately represented by their guardian ad litem.

Rights of Custody - Art. 3

Article 15 declaration refused

Article 15 declaration refused; no rights of custody had been breached when the children were removed.

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

Appeal dismissed, return ordered

Appeal dismissed and return ordered; the retention of the children was wrongful and the standard required under Article 13(1)(a) had not been met to show the father had acquiesced.

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

Application for leave to appeal dismissed and return refused; there was little likelihood that a three judge bench of the Court of Appeal would upset the decision of the President of the Family Division of the High Court who had heard oral evidence.

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

Appeal dismissed, return ordered

Appeal dismissed and return ordered; the Irish court held rights of custody in respect of the child and the father was allowed to rely on those rights in making a return application under the Convention.

Habitual Residence - Art. 3

Appeal dismissed, return refused

Appeal dismissed and return refused; there was no wrongful retention for the girls were not habitually resident in Finland at the relevant date.