Case Law Search

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

Appeal dismissed, return ordered

Appeal rejected, return ordered. The retention was considered wrongful and the mother's allegation of grave risk upon return to the United States of America was not found to be proved.

Aims of the Convention - Preamble, Arts 1 and 2 | Habitual Residence - Art. 3 | Removal and Retention - Arts 3 and 12 | Rights of Custody - Art. 3 | Acquiescence - Art. 13(1)(a) | Grave Risk - Art. 13(1)(b) | Procedural Matters | Consent - Art. 13(1)(a)

Appeal allowed, return ordered

Appeal allowed, return ordered.

Settlement of the Child - Art. 12(2)

Appeal allowed and case remitted to the Family Division of the High Court; the trial court had erred in the meaning attributed to Article 12(2).

Human Rights - Art. 20

Unanimous: appeal inadmissible; the issues relating to the consistency of the 1980 Convention with the Constitution had been resolved in an earlier case, and admissibility of the appeal was not necessary for the enforcement of fundamental rights.

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

Appeal dismissed, return ordered

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

Appeal dismissed, return refused

Aims of the Convention - Preamble, Arts 1 and 2 | Rights of Custody - Art. 3 | Grave Risk - Art. 13(1)(b)

Appeal allowed, return ordered

Rights of Custody - Art. 3 | Objections of the Child to a Return - Art. 13(2)

Return refused

Return refused; the retention was wrongful, being in breach of the mother's rights of custody, but the child had valid objections to a return.

Habitual Residence - Art. 3 | Consent - Art. 13(1)(a) | Acquiescence - Art. 13(1)(a) | Procedural Matters

Return ordered

Aims of the Convention - Preamble, Arts 1 and 2 | Procedural Matters

European Convention on Human Rights (ECHR)

Unanimous: breach of Article 8 of the European Convention on Human Rights (ECHR) due to the deprivation of effective exercise of his family life with the child for seven years; award to the father of EUR 7,000 for intangible damage and EUR 6,000 (plus any tax due) of costs and expenses.

Habitual Residence - Art. 3 | Removal and Retention - Arts 3 and 12 | Interpretation of the Convention

In its preliminary ruling the Court noted, inter alia, that where the removal of a child has taken place in accordance with a judgment which was provisionally enforceable and which was thereafter overturned, the child's habitual residence must be determined by undertaking an assessment of all the circumstances of fact. Whilst it was possible the child's habitual residence may have changed, account must be taken of the fact that the judgment authorising the removal could be provisionally enforced and that an appeal had been brought.

Habitual Residence - Art. 3

Appeal dismissed, application dismissed

Appeal dismissed and application dismissed; the retention was not wrongful as the child was habitually resident in the United States of America at the relevant date.

Grave Risk - Art. 13(1)(b) | Objections of the Child to a Return - Art. 13(2) | Brussels IIa Regulation (Council Regulation (EC) No 2201/2003 of 27 November 2003)

Legal challenge dismissed; the retention was wrongful but decision to refuse to return the child on the basis of the Art. 13 exceptions upheld.

Removal and Retention - Arts 3 and 12 | Rights of Custody - Art. 3 | 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 none of the exceptions had been proved to the standard required under the Convention.

Grave Risk - Art. 13(1)(b) | Objections of the Child to a Return - Art. 13(2) | Human Rights - Art. 20 | Procedural Matters

Appeal allowed by a majority ruling and case remitted to the District Court to consider, inter alia, the asylum grants, assessments, and any related evidence not previously considered that related to whether Article 13(1)(b) or 20 applied.

Procedural Matters

Partial appeal dismissed insofar as it was admissible; award of a low indemnity for costs against the mother upheld.

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

Appeal inadmissible: the issue whether the 1980 Hague Child Abduction Convention is applicable when the applicant resides neither in the State of habitual residence nor in the State of refuge but in a third State was not determining.

Aims of the Convention - Preamble, Arts 1 and 2 | Grave Risk - Art. 13(1)(b) | Issues Relating to Return

Appeal dismissed, return ordered

Appeal dismissed and return ordered, subject to a one-week delay; the removal was wrongful and none of the exceptions had been proved to the standard required under the 1980 Hague Child Abduction Convention.

European Convention on Human Rights (ECHR)

The Court held unanimously that there had been a breach of Article 6 of the ECHR, no violation of the substantive aspect of Article 8 of the ECHR and that it was not necessary to examine the procedural aspect of Article 8.