Case Law Search

Habitual Residence - Art. 3

Application dismissed

Application dismissed; the retention was not wrongful as the children were no longer habitually resident in Australia on the relevant date.

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

Appeal dismissed, return refused

Appeal dismissed and return refused. The removal was wrongful but a grave risk of harm, in accordance with Article 13(1)(b), had been established to the standard required under the Convention.

Habitual Residence - Art. 3

Application dismissed

Application dismissed; the removal was not wrongful as the child was habitually resident in Israel.

Acquiescence - Art. 13(1)(a) | Settlement of the Child - Art. 12(2) | Procedural Matters

Appeal allowed, return refused

Appeal allowed and return refused. The removal was wrongful but more than 12 months had elapsed prior to the issue of proceedings and further to Article 12(2) the children were now settled in their new environment.

Aims of the Convention - Preamble, Arts 1 and 2 | Objections of the Child to a Return - Art. 13(2) | Procedural Matters

Appeal allowed, return ordered

Appeal allowed and return ordered; Article 13(2) had not been proved to the standard required under the Convention.

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.

Rights of Custody - Art. 3

Challenge to legality upheld; the removal no longer infringed any custody rights.

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

Challenge to legality dismissed; Article 13(1)(b) had not 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.

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

Return ordered

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

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

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.

Habitual Residence - Art. 3 | Settlement of the Child - Art. 12(2)

Return ordered

Return ordered; the removal wrongful and the exception invoked, Article 12(2), was not applicable.

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

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

Appeal allowed and case remitted to the Unified Family Court to determine whether the child was now settled in its new environment.

Removal and Retention - Arts 3 and 12 | Settlement of the Child - Art. 12(2) | Grave Risk - Art. 13(1)(b) | Objections of the Child to a Return - Art. 13(2) | Procedural Matters | Interpretation of the Convention |

Return ordered

Wrongful removal of a 7-year old girl – Chilean – unmarried parents – Chilean father – Argentine mother – custody rights belong with the father – the girl lived in Chile until late 2019 – return application submitted before the Family Court in Formosa, Argentina, in September 2020 – return ordered – main issues: removal and retention, settlement of the child, art. 13(1)(b) grave risk, objections of the child to the return, procedural matters, interpretation of the Convention – retention was wrongful because the custody rights of the father, effectively exercised by him at the time, were infringed – the time required by the Convention to refuse the return on grounds of settlement of the child in her new environment did not elapse – no evidence that the child would be exposed to grave risk upon her return – there were no objections by the child showing an irreducible objection against returning to the place of habitual residence – due to effects of the COVID-19 pandemic, the parents were invited to cooperate in the implementation of the return order and to avoid unnecessary delays – there are no incompatibilities between the Convention and the Convention on the Rights of The Child; both are meant to protect the best interests of the child.

Return ordered

One child allegedly wrongfully retained at age 1 –Married parents – Father national of Israel – Mother national of Israel – Child lived in USA until 2019 – Application for return filed with the Tel Aviv Family Court of Israel on 20 February 2020 – Return ordered – Main issue: Article 13(1)(b) – COVID-19 did not amount to a grave risk of harm to the child, in fact the medical care for the child may be better in the USA than in Israel as they had medical coverage there.

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

Appeal dismissed, return ordered

The court rejected the mother’s application to have the use of direct force in enforcement suspended.

Issues Relating to Return

Appeal dismissed, return ordered

The court ordered that the mother be placed in coercive detention for 10 days.