Case Law Search

Procedural Matters

Appeal dismissed, return ordered

Appeal dismissed, removal wrongful and return ordered; the trial judge had properly exercised her discretion in refusing a stay of the return order.

Acquiescence - Art. 13(1)(a)

Appeal dismissed, return refused

Appeal dismissed and return refused; the Court of Appeal upheld the exercise of discretion by the trial judge.

Consent - Art. 13(1)(a)

Application dismissed

Application dismissed; the applicant father had voluntarily consented to the removal, therefore it was not wrongful.

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

Return refused

Return refused; there had been a wrongful retention but there was sufficient evidence to indicate consent on the part of the applicant father.

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

Appeal allowed, return refused

Appeal allowed and return refused; the Court of Appeal declined to order the boy's return on the basis of his objections.

Rights of Custody - Art. 3 | Procedural Matters

Article 15 declaration granted

Article 15 declaration granted; the removal of the boys was wrongful insofar as it breached an implied right under New York law that access rights not be frustrated by the unilateral relocation of a child.

Aims of the Convention - Preamble, Arts 1 and 2 | Rights of Custody - Art. 3 | Interpretation of the Convention

Application dismissed

Application dismissed; there had neither been a wrongful removal nor a wrongful retention.

Habitual Residence - Art. 3

Application dismissed

Application dismissed and return refused; the children were habitually resident in Iceland at the relevant date, which was not at that time a party to the Hague Convention.

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

Return ordered

Return ordered; the removal was wrongful, the child being habitually resident in Australia in January 1990. The child did not face a grave risk in being returned.

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

Appeal allowed; case remitted to the Family Court of Australia for a determination to be made as to the children's objections.

Aims of the Convention - Preamble, Arts 1 and 2 | Grave Risk - Art. 13(1)(b) | Settlement of the Child - Art. 12(2)

Return ordered with undertakings offered

Return ordered and undertakings offered; the removal was wrongful and the standard required under Articles 12(2) and 13(1)(b) had not been reached.

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

Appeal dismissed, application dismissed

Appeal dismissed and application dismissed; there had neither been a wrongful removal or retention as the child had lost his Australian habitual residence when he left that State with his mother.

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

Appeal dismissed, return ordered

Appeal dismissed and return ordered; the role played by the unmarried father in the care of the child was sufficient to vest him with custody rights. These rights were breached when the child was fraudulently taken to Wales.

Aims of the Convention - Preamble, Arts 1 and 2 | Rights of Custody - Art. 3 | Interpretation of the Convention

Article 15 declaration granted

Article 15 declaration granted; the removal of the children breached rights of custody vested in the English court seized of the pending custody proceedings.

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.