Case Law Search

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

Return ordered

Return ordered; the standard required under Article 13(1)(b) to indicate that the child would face a grave risk of physical harm or an intolerable situation had not been met.

Habitual Residence - Art. 3

Application dismissed

Application dismissed; the children were not habitually resident in England at the relevant date.

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

Return ordered with undertakings offered

Retention wrongful and return ordered with undertakings offered; harm, if any existed, would result from unsupervised access with the father, not by the children returning to Australia.

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

Return ordered

Return ordered; the application under Article 13(1)(b) exception failed. The mother and children were sufficiently protected against harm by measures under the Convention and the laws of the American courts.

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

Return refused

Return refused; Article 13(1)(b) applied in the mother's favour. The effect of an order returning the children to the United States of America would be a serious deterioration in the mother's condition and the children would be affected accordingly.

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

Appeal dismissed, return refused

Appeal dismissed and return refused; the father's history of depression and alcoholism created a risk to the child serious enough to support a finding under Article 13(1)(b).

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

Return ordered

Return ordered; the standard required under Article 13(1)(b) to indicate the children would face a grave risk of psychological harm had not been met.

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

Return ordered

Return ordered; the standard required under Article 13(1)(b) to indicate that the child would face a grave risk of harm had not been met.

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

Appeal dismissed, return ordered with undertakings offered

Appeal dismissed and return ordered; the standard required under Article 12(2) had not been met.

Rights of Access - Art. 21 | Interpretation of the Convention

Application to enforce foreign access order refused; Article 21 was held to create no rights in private law which a parent could directly enforce in respect of a child.

Removal and Retention - Arts 3 and 12

Application dismissed

Appeal dismissed as the Convention had not entered into effect between the United Kingdom and Ontario at the relevant date.

Aims of the Convention - Preamble, Arts 1 and 2 | Role of the Central Authorities - Arts 6 - 10

The court granted an order that the child should be restored into the care of the mother if he arrived within the jurisdiction in the immediate future.

Procedural Matters | Interpretation of the Convention

A direction was given that the Spanish Central Authority should be informed of the facts of the case. A further direction was given that the father should be advised of his Convention rights.

Habitual Residence - Art. 3 | Procedural Matters

Appeal dismissed, return ordered

Appeal dismissed and return ordered; the child was habitually resident in Mexico at the moment of the retention.

Habitual Residence - Art. 3 | Grave Risk - Art. 13(1)(b) | Interpretation of the Convention

Appeal allowed; case remitted to the District Court.

Habitual Residence - Art. 3 | Human Rights - Art. 20 | Issues Relating to Return

Appeal dismissed, return ordered

Appeal dismissed and return ordered; the child's place of habitual residence prior to the wrongful retention was Italy. The standard required under Article 20 had not been met.

Settlement of the Child - Art. 12(2)

Return refused

Return refused; the District Court ruled that the retention of the children was wrongful but declined to order their return on the grounds that they were now settled in their new environment, eighteen months having elapsed between the retention and the commencement of judicial / administrative proceedings.

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

Return ordered

Return ordered; the actions of the father were insufficient to meet the standard required under Art. 13(1)(a) to show acquiescence.

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

Appeal dismissed, return ordered

Appeal dismissed and return ordered; the standard required under Article 13(1)(b) to indicate that the child would face a grave risk of harm had not been met.

Acquiescence - Art. 13(1)(a) | Grave Risk - Art. 13(1)(b) | Undertakings

Appeal dismissed, return ordered with undertakings offered

Appeal dismissed and return ordered, undertakings offered; the standard required under Article 13(1)(b) to indicate that the children would face a grave risk of harm had not been met.