Case Law Search

Settlement of the Child - Art. 12(2)

Appeal dismissed, return refused

Appeal dismissed and return refused; the child was settled in her new environment.

Acquiescence - Art. 13(1)(a)

Aims of the Convention - Preamble, Arts 1 and 2 | Removal and Retention - Arts 3 and 12 | Objections of the Child to a Return - Art. 13(2) | Settlement of the Child - Art. 12(2)

Appeal dismissed, return ordered

Aims of the Convention - Preamble, Arts 1 and 2 | Issues Relating to Return | Procedural Matters

A successful appeal against a non-return order based on Article 13 of the Hague Convention in the State of refuge, will not prevent the application of the potentially overriding mechanism in Articles 11(8) and 42 of Brussels II a Regulation. The latter provisions operate independently once an Article 13 non-return order has been delivered.

Non-Convention Issues

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

Appeal allowed, return ordered

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

Appeal dismissed, return ordered

Appeal dismissed and return refused; the retention was wrongful and notwithstanding the child's objections to a return the Court exercised its discretion to make a return order.

Grave Risk - Art. 13(1)(b) | Objections of the Child to a Return - Art. 13(2) | Settlement of the Child - Art. 12(2) | Human Rights - Art. 20

Appeal allowed, return refused

Appeal allowed and return order refused; removal wrongful but the children had become settled in their new environment and objected to a return, with the Court exercising its discretion not to make a return order.

Removal and Retention - Arts 3 and 12 | Acquiescence - Art. 13(1)(a) | Settlement of the Child - Art. 12(2)

Appeal dismissed, return ordered

Appeal dismissed and return ordered; the removal was wrongful and even if a year had elapsed for the purposes of Article 12 the child was not settled in his new environment and none of the other exceptions had been established.

Grave Risk - Art. 13(1)(b) | Issues Relating to Return | Procedural Matters

Application allowed and partially founded. The child's return to Spain was ordered as the retention was wrongful and the grave risk exception invoked was not applicable.

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

Appeal dismissed, ordering execution of the return order.

Removal and Retention - Arts 3 and 12 | Acquiescence - Art. 13(1)(a) | Grave Risk - Art. 13(1)(b) | Settlement of the Child - Art. 12(2) | Human Rights - Art. 20

Appeal allowed, return ordered

Rights of Custody - Art. 3 | Settlement of the Child - Art. 12(2)

Appeal allowed, return refused

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

Return ordered

Article 15 Decision or Determination

Appeal dismissed, return refused

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

Appeal dismissed, return ordered

Appeal dismissed and return ordered; retention wrongful and a grave risk had not been established to the standard required under the Convention.

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

Appeal allowed, return ordered

Appeal allowed and return ordered; the removal was wrongful.  

Rights of Custody - Art. 3

Application dismissed: all allegations presented by the father were ill-founded.

Procedural Matters

Appeal allowed and enforcement of return order ordered.

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

The Court ruled unanimously that Switzerland had breached Article 8 of the ECHR in failing to take adequate measures to give effect to the aims and objectives of the 1980 Hague Convention in the eight months following the abduction. The Court also made an award of compensation to the father under Article 41 of the ECHR.