Case Law Search

Procedural Matters

The state court order was vacated as entered subsequent to the filing of the notice of removal. Nevertheless, the matter was dismissed as moot since the child had already been returned.

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

Appeal dismissed, return ordered

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

Return ordered

Removal and Retention - Arts 3 and 12 | Rights of Custody - Art. 3 | Grave Risk - Art. 13(1)(b) | Procedural Matters

Return ordered

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

Human Rights - Art. 20

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

Return refused

Return refused; 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

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

Return ordered

Return ordered; the children objected to a return, but in exercising its subsequent discretion the court found that there was simply so much in dispute and so much that required resolution that the appropriate forum for the substantive custody proceedings was South Africa.

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

Return ordered

Return ordered: the removal was wrongful, being 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) | Objections of the Child to a Return - Art. 13(2) | Procedural Matters

Appeal allowed, return ordered

Appeal allowed and return ordered; the court found the father had a right of veto over the removal of the child from the jurisdiction and given that he was exercising his access rights it was ruled that he would have exercised this custodial right had it not been for the unilateral nature of the removal. Consequently the removal of the child was wrongful.

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

Return ordered

Removal wrongful and return ordered; the child was habitually resident in Israel at the date of the removal and a grave risk of harm under Article 13(1)(b) had not been proved to the standard required under the Convention.

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

Appeal dismissed, return ordered

Appeal dismissed and return ordered; the removal had been in breach of actually exercised rights of custody and none of the exceptions had been proved to the standard required under the Convention.

Non-Convention Issues

Appeal dismissed, return refused

Appeal dismissed and return refused; the risks inherent in return were such that it was not in the child's best interests to be sent back to the UAE.

Rights of Custody - Art. 3 | Consent - Art. 13(1)(a)

Appeal allowed, return ordered

Appeal allowed and return ordered; the removal had breached rights of custody held by the father and the mother had failed to show that the father had consented to the removal.

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

Appeal allowed and case remitted to the High Court - Court of First Instance; it had to be determined whether the child had been sexually abused as had been alleged.

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

Appeal dismissed, return ordered

Appeal dismissed and return ordered; the retention was wrongful, the children still having their habitual residence in Australia on the relevant date.

Habitual Residence - Art. 3

Application dismissed

Application dismissed; the child was not habitually resident in Italy on the date the removal took place.

Habitual Residence - Art. 3 | Rights of Custody - Art. 3

Return ordered

Return ordered; the retention of the child was wrongful as the child, according to the parents' agreement, was still habitually resident in England, and none of the exceptions had been proved to the standard required under the Convention.

Habitual Residence - Art. 3 | Rights of Custody - Art. 3

Return ordered

Return ordered; the removal was wrongful, the child being habitually resident in Spain at the relevant date and the mother having custody.