Case Law Search

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

Return ordered

Return ordered; the retention was wrongful and neither Article 13(2) nor any of the other exceptions had been proved to the standard required under the Convention.

Habitual Residence - Art. 3

Appeal dismissed, return refused

Appeal dismissed and return refused; the retention was not wrongful since the child was habitually resident in Sweden at the relevant date.

Rights of Custody - Art. 3

Appeal dismissed, return ordered

Appeal dismissed and return ordered; the removal was wrongful and none of the exceptions were established 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.

Habitual Residence - Art. 3

Appeal declared inadmissible.

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.

Issues Relating to Return

Grave Risk - Art. 13(1)(b) | Procedural Matters | Interpretation of the Convention

Settlement of the Child - Art. 12(2)

Appeal allowed, return ordered

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

Appeal dismissed, return ordered

Legal challenge rejected; the removal was wrongful and none of the exceptions was applicable.

Non-Convention Issues

Appeal allowed, return refused

Appeal allowed and return refused; the Court of Appeal had been wrong to interfere with the trial judge's exercise of discretion, although the trial judge, influenced by recent appellate authority, had himself applied too strict a test in evaluating whether or not to make a return order. The House of Lords clarified the approach to be adopted with regard to non-Hague Convention child abduction cases.

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.

Rights of Custody - Art. 3 | Grave Risk - Art. 13(1)(b) | Objections of the Child to a Return - Art. 13(2)

Challenge to legality dismissed; the removal was wrongful but Articles 13(1)(b) and 13(2) had been proved to the standard required under the Convention. The return was therefore refused.

Rights of Custody - Art. 3 | Grave Risk - Art. 13(1)(b)

Challenge to legality dismissed; the removal was wrongful and Article 13(1)(b) had not been proved to the standard required under the Convention.

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.

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.

Procedural Matters

Appeal allowed and enforcement of return order ordered.