Case Law Search

Habitual Residence - Art. 3 | Article 15 Decision or Determination | Rights of Custody - Art. 3

Article 15 declaration granted

Article 15 declaration granted; the removal was wrongful being in breach of inchoate 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 child was of a sufficient age and maturity for his objections to be taken into account. The younger child should not be separated from his older sibling.

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

Appeal allowed, return refused

Appeal allowed and return refused; decision of the trial court, that the standard required by Article 13(2) had not been met, restored.

Removal and Retention - Arts 3 and 12

Non return order confirmed, but on the basis that the return application be dismissed, no retention having taken place.

Rights of Custody - Art. 3

Challenge to legality dismissed; the mother's removal was wrongful but she had subsequently been awarded custody.

Habitual Residence - Art. 3

Appeal dismissed, application dismissed

Appeal dismissed and application dismissed; the retention was not wrongful as the child had never acquired a habitual residence in Belgium.

Habitual Residence - Art. 3 | Grave Risk - Art. 13(1)(b) | Objections of the Child to a Return - Art. 13(2) | Procedural Matters

Appeal allowed, return ordered

Appeal allowed and return ordered; the children were habitually resident in Israel at the time of the retention and Article 13(1)(b) had not been proved to the standard required under the Convention.

Objections of the Child to a Return - Art. 13(2) | Settlement of the Child - Art. 12(2) | Procedural Matters

Appeal dismissed, return refused

Appeal dismissed and return refused; the removal was wrongful but on the basis of the children's objections a return order was refused.

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

Appeal allowed, return refused

Appeal allowed and return refused; the removal was not wrongful since the child was habitually resident in Sweden on the relevant date.

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

Appeal dismissed, return ordered

Appeal dismissed and return ordered; the removal was wrongful and the level of risk required under Article 13(1)(b) had not been proved.

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

Return ordered

Return ordered; the removal was wrongful having been in breach of actually exercised rights of custody and none of the exceptions had been proved to the standard required under the Convention.

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

Appeal dismissed, return refused

Rights of Custody - Art. 3 | Procedural Matters

Appeal dismissed, application dismissed

Appeal dismissed and application dismissed; the removal did not breach any rights of custody.

Procedural Matters

Rights of Custody - Art. 3

Return ordered

Removal wrongful and return ordered; the father was actually exercising his rights of custody and none of the exceptions had been proved to the standard required under the Convention.

Issues Relating to Return

Breach of Article 8 of the ECHR and award of damages. The Portuguese authorities had failed to take sufficient or adequate measures to ensure respect for the father's right to have his son returned.

Habitual Residence - Art. 3

Appeal allowed: the trial judges had not considered whether, under Article 3, the children had acquired a habitual residence in Australia.

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

Habitual Residence - Art. 3

Application dismissed

Application dismissed; the child was not habitually resident in Australia on the relevant date.