Case Law Search

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.

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

Application dismissed

Application dismissed; the children were not habitually resident in Israel at the time of the removal.

Removal and Retention - Arts 3 and 12 | Rights of Custody - Art. 3 | Human Rights - Art. 20

Return ordered

Return ordered; the child had been wrongfully retained and none of the exceptions had been established to the standard required under the Convention.

Removal and Retention - Arts 3 and 12 | Acquiescence - Art. 13(1)(a) | Grave Risk - Art. 13(1)(b)

Return ordered subject to undertakings

Return ordered with an undertaking required; neither Article 13(1)(a) nor Article 13(1)(b) had been proved to the standard required under the Convention.

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

Return ordered

Removal wrongful and return ordered; the Norwegian authorities would be able to protect the mother on her return, consequently the standard of harm required under Article 13(1)(b) had not been established.

Habitual Residence - Art. 3

Appeal allowed; case remitted to the Family Court.

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

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

Appeal dismissed, return refused

Appeal dismissed and return refused; a grave risk of harm had been established to the standard required by Article 13(1)(b).

Issues Relating to Return

Appeal dismissed; the decision ordering return must be enforced. The father had not provided any new elements to justify not enforcing the return order.

Rights of Custody - Art. 3

Appeal dismissed, return ordered

Appeal dismissed and return ordered; the removal breached a right of custody actually exercised by the grandmother.