Case Law Search

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

Return refused

Removal wrongful but return refused on the basis of the children's objections.

Acquiescence - Art. 13(1)(a) | Procedural Matters | Interpretation of the Convention

Appeal allowed, return ordered

Appeal allowed and return ordered; Article 13(1)(a) was not established.

Aims of the Convention - Preamble, Arts 1 and 2 | Rights of Custody - Art. 3 | Interpretation of the Convention

Article 15 declaration refused

Article 15 declaration refused; the removal of the child was not wrongful as no rights of custody had been breached.

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

Appeal dismissed, return refused

Appeal dismissed and return refused; the standard required under Article 13(1)(b) to indicate the children would face a grave risk of psychological harm had been met.

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

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 psychological harm had not been met.

Rights of Custody - Art. 3 | Grave Risk - Art. 13(1)(b) | Human Rights - Art. 20

Return ordered

Application allowed; counter-application dismissed. The child was ordered to be returned forthwith to California.

If the mother accompanied the child, he would remain in her temporary custody in Los Angeles County with reasonable access to the father, pending any other interim or permanent order of a California court having jurisdiction.

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

Appeal allowed, return refused

Appeal allowed and return refused; the father had acquiesced in the retention of his son. The court exercised its discretion not to order the return of the child.

Aims of the Convention - Preamble, Arts 1 and 2 | Settlement of the Child - Art. 12(2) | Procedural Matters

Appeal dismissed, return ordered

Appeal dismissed and return ordered; the children were not settled in the United States and the District Court had not abused its discretion in exercising jurisdiction in the case.

Rights of Custody - Art. 3 | Objections of the Child to a Return - Art. 13(2) | Settlement of the Child - Art. 12(2)

Return refused

Return refused; the removal was wrongful, but, the children were now settled in their new environment in accordance with Article 12(2).

Consent - Art. 13(1)(a) | Acquiescence - Art. 13(1)(a)

Appeal dismissed, return ordered with undertakings offered

Appeal dismissed and return ordered, undertakings offered; the standard required under Article 13(1)(a) to indicate consent or acquiescence of the removal had not been met.

Habitual Residence - Art. 3 | Grave Risk - Art. 13(1)(b)

Return ordered

Return ordered; the children were habitually resident in Canada at the relevant date.

Habitual Residence - Art. 3 | Removal and Retention - Arts 3 and 12

Return ordered

Return ordered; the child was habitually resident in Canada on the relevant date and the child was wrongfully retained in Scotland after 5 March 1993.

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

Return ordered with undertakings offered

Return ordered; in the light of the father's undertakings the standard required under Article 13(1)(b) to indicate that the children would face a grave risk of physical harm had not been met.

Rights of Custody - Art. 3

Return ordered

Return ordered; the removal of the child had breached the father's actually exercised rights of custody.

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

Appeal allowed, return refused

Appeal allowed and return refused. The Lord Ordinary had erred in the exercise of his discretion with respect to the objections of the younger child.

Grave Risk - Art. 13(1)(b) | Settlement of the Child - Art. 12(2) | Procedural Matters

Appeal dismissed, return ordered

Appeal dismissed and return ordered; the standard required under Articles 13(1)(b) and 12(2) had not been met.

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

Return ordered

Return ordered; the standard required under Articles 13(1)(a) and 13(1)(b) had not been met.

Rights of Custody - Art. 3 | Procedural Matters

Return refused

Return refused; the foster parents did not enjoy any rights of custody at the moment of the removal.

Habitual Residence - Art. 3 | Procedural Matters

Writ of habeas corpus issued ordering the mother to produce the child in court within fourteen days and show cause why the child was removed.

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

Appeal dismissed, return ordered

Appeal dismissed, retention wrongful and return ordered; the standard required under Articles 13(1)(b) and 13(2) had not been met.