Case Law Search

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

Appeal allowed, return ordered

Appeal allowed and return ordered; the removal was wrongful.  

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.

Undertakings | Rights of Access - Art. 21

Access rights granted by a United Kingdom court were guaranteed by a mirror order issued in Panama.

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

Appeal dismissed, return ordered

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

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

Appeal dismissed, return ordered

Appeal allowed, return ordered

Aims of the Convention - Preamble, Arts 1 and 2 | Acquiescence - Art. 13(1)(a) | Undertakings | Settlement of the Child - Art. 12(2) | Role of the Central Authorities - Arts 6 - 10 | Procedural Matters

Return refused

Return refused; more than a year had elapsed before the commencement of return proceedings and the child was found to be settled in her new environment.

Habitual Residence - Art. 3 | Rights of Custody - Art. 3 | Non-Convention Issues

Application dismissed

Application dismissed; the Court declined to make an order giving the mother primary care because it did not have jurisdiction over the child in question.

Aims of the Convention - Preamble, Arts 1 and 2 | Settlement of the Child - Art. 12(2) | Issues Relating to Return

Return ordered

Return ordered; the removal was wrongful and none of the exceptions had been established. The Court fixed the conditions for return.

Procedural Matters

Appeal granted and deportation of mother and the abducted children ordered.

Rights of Custody - Art. 3 | Procedural Matters

Appeal allowed, return ordered

Appeal allowed and return ordered; the trial court had erred in finding that the applicant father was not actually exercising his rights of custody at the time of the removal.

Issues Relating to Return | Procedural Matters

In an unanimous ruling the Court held that Poland had breached Article 8 of the ECHR in failing to make adequate and effective efforts to enforce the return order. Furthermore the length of the proceedings exceeded a reasonable time and accordingly there was also a breach of Article 6(1) of the ECHR. The Court also made an award of compensation to the father under Article 41 of the ECHR.

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

Appeal allowed, return ordered

Appeal granted and return ordered.

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

Return refused

Return refused; the retention was wrongful, but the child objected to a return to the UK and the standard required under Article 13(2) had been established.

Removal and Retention - Arts 3 and 12

Application dismissed

Application dismissed; waiver of custody rights not under duress; no need to determine habitual residence given no wrongful removal or retention.

Removal and Retention - Arts 3 and 12 | Grave Risk - Art. 13(1)(b) | Human Rights - Art. 20

Appeal dismissed, return ordered

Appeal dismissed and return ordered; the removal was wrongful and none of the exceptions had been proved to the standard required under the Convention.

Grave Risk - Art. 13(1)(b) | Non-Convention Issues

Recognition of the custody and access orders was upheld.

Habitual Residence - Art. 3 | Removal and Retention - Arts 3 and 12 | Settlement of the Child - Art. 12(2) | Brussels IIa Regulation (Council Regulation (EC) No 2201/2003 of 27 November 2003)

Return refused

Appeal dismissed, return ordered