Case Law Search

Grave Risk - Art. 13(1)(b) | Undertakings | Role of the Central Authorities - Arts 6 - 10

Return ordered with undertakings offered

Return ordered, subject to undertakings. The court held that the undertakings would provide sufficient protection for the children prior to the substantive custody hearing.

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

Return ordered subject to undertakings

Both appeals dismissed and return ordered, subject to undertakings; any application to set aside an order must be made by way of the Court of Appeal.

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

Return ordered

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

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

The father's appeal was allowed and the order dismissing his application as an abuse of the process set aside. The mother's cross-appeal was dismissed as the child was found to be habitually resident in Germany immediately prior to her removal. The child was to be returned to Germany, subject to undertakings.

Objections of the Child to a Return - Art. 13(2) | Settlement of the Child - Art. 12(2) | Procedural Matters

Return refused

Return refused; in accordance with Article 12(2) the children had become settled in their new environment and the Court declined to order their return.

Aims of the Convention - Preamble, Arts 1 and 2

The court ordered that the girls be returned to Sweden to enable the original Convention proceedings to be completed.

Habitual Residence - Art. 3

Application dismissed

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

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

Appeal allowed, return refused

Appeal allowed and application dismissed; there was no wrongful retention as the child had acquired a habitual residence in Sweden after two years' residence there.

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

Appeal allowed; Article 13(1)(b) had not been proved to the standard required under the Convention. The case was remitted to the High Court for the modalities of the return to be settled.

Acquiescence - Art. 13(1)(a)

Appeal dismissed, return ordered

Appeal dismissed and return ordered; the father's delay in applying under the Convention was found to have been reasonable and was therefore not sufficient to show that he had acquiesced in the retention of the children.

Rights of Custody - Art. 3

Article 15 declaration granted

Article 15 declaration granted; the removal was wrongful.

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

Appeal dismissed, return refused

Appeal dismissed and return refused; the trial Judge had not erred in finding that the Article 13(1)(b) exception had been made out to the standard required under the Convention.

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

Return refused

Return refused; the retention was wrongful but the child's objections to a return were upheld.

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

Appeal dismissed, return refused

The father's appeal was dismissed; there was no reason to order the return of the child since he had been taken to the State of his habitual residence.

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

Rights of Custody - Art. 3

Interpretation of the Convention

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

Appeal dismissed, return refused

Return refused: Article 13(2) had been proved to the standard required under the Convention.

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

Return ordered

Return ordered; a grave risk of harm was established but the court nevertheless exercised its discretion to make a return order.

Acquiescence - Art. 13(1)(a)

Return ordered

Return ordered; the father had not acquiesced in the retention of the children.