Case Law Search

Habitual Residence - Art. 3

Application dismissed

Application dismissed; the child was not habitually resident in Luxembourg at the relevant date.

Aims of the Convention - Preamble, Arts 1 and 2 | Grave Risk - Art. 13(1)(b) | Role of the Central Authorities - Arts 6 - 10

Appeal allowed and case remitted to the District Court to consider remedies that might allow both the return of the children to their habitual residence and their protection from harm pending a custody hearing in France.

Habitual Residence - Art. 3

Appeal dismissed, return ordered

Appeal dismissed and return ordered; the retention was wrongful as the child was habitually resident in France at the relevant date.

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

Return ordered

Return ordered; the removal was wrongful and neither Article 13(1)(b) nor Article 13(2) had been proven to the standard required under the Convention.

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

Return refused

Removal wrongful but return refused; the standard required under Article 13(2) had been met with respect to the older girl's objections and it was consequently held that it would place the younger child in an intolerable situation to be returned alone.

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

Return ordered subject to undertakings

Return ordered subject to undertakings; the removal of the child breached the father's rights of custody and the standard of harm required under Article 13(1)(b) had not been established.

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 allowed, return ordered

Appeal allowed and return ordered; the removal was wrongful and it was questionable whether the standard required under Article 13(1)(b) had been made out. In any event, the children were of sufficient age and maturity and they were clear in their view that they wished to return to Australia.

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

Return ordered

Return ordered; although the children objected to a return there was evidence of external pressure and the court exercised its discretion to make a return order, finding that the appropriate forum for a substantive custody hearing was South Africa.

Rights of Custody - Art. 3

Appeal allowed, application dismissed

Appeal allowed and application dismissed; a right of veto over the removal of a child from the jurisdiction did not afford a non-custodial parent a "right of custody" for the purposes of the Convention.

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

Appeal allowed, return refused

Appeal allowed and return refused; the retention was wrongful but Article 13(1)(b) had been proved to the standard required under the Convention.

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

Return ordered

Retention wrongful and return ordered. Acquiescence on the part of the applicant parent was established to the standard required under Article 13(1)(a) but the court nevertheless exercised its discretion to order the return of the child. None of the other exceptions had been proved to the standard required under the Convention.

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

Return ordered

Retention wrongful and return ordered. Article 13(2) had been proved to the standard required under the Convention, but the court exercised its discretion to make a return order.

Aims of the Convention - Preamble, Arts 1 and 2 | Habitual Residence - Art. 3 | Undertakings | Procedural Matters

Return ordered

Retention wrongful and return ordered; the child was habitually resident in Spain on the relevant date.

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

In respect of the elder child: The Convention was not applicable, the child having attained the age of 16 by the date of the hearing. In respect of the younger child: Return ordered; the removal was wrongful and none of the exceptions had been proved to the standard required under the Convention.

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

Appeal allowed, return refused

Appeal allowed and return refused; Article 13(1)(b) had been proved to the standard required under the Convention.

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

Appeal dismissed, return ordered

Appeal dismissed and return ordered; Article 13(1)(b) had not been proved to the standard required under the Convention.

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.

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.

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.