Case Law Search

Grave Risk - Art. 13(1)(b) | Objections of the Child to a Return - Art. 13(2) | Settlement of the Child - Art. 12(2)

Appeal allowed, return refused

Appeal allowed and return refused; the child was now settled in her new environment pursuant to the terms of Article 12(2).

Settlement of the Child - Art. 12(2)

Return refused

Return refused; the child was settled in her new environment and the court exercised its discretion not to make a return order.

Removal and Retention - Arts 3 and 12 | Rights of Custody - Art. 3 | Settlement of the Child - Art. 12(2)

Return refused

Return refused; the removal was wrongful but the child was found to have become settled in his new environment.

Settlement of the Child - Art. 12(2) | Procedural Matters

Appeal dismissed, return refused

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

Challenge dismissed; the Cour d'Appel had been correct in finding that none of the exceptions had been proved to the standard required under the Convention.

Removal and Retention - Arts 3 and 12 | Grave Risk - Art. 13(1)(b)

Return ordered

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

Return refused

Retention wrongful but return refused; the boy was habitually resident in Ireland at the time of the retention, but his objections to a return were sufficiently cogent that the trial judge exercised her discretion not to make a return order.

Procedural Matters

Appeal allowed; first instance decision overturned on procedural grounds.

Rights of Custody - Art. 3 | Grave Risk - Art. 13(1)(b) | Brussels IIa Regulation (Council Regulation (EC) No 2201/2003 of 27 November 2003)

Appeal allowed, return refused

Procedural Matters

Habitual Residence - Art. 3 | 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 removal was wrongful and none of the exceptions had been proved to the standard required under the Convention.

Aims of the Convention - Preamble, Arts 1 and 2 | Rights of Custody - Art. 3 | Consent - Art. 13(1)(a) | Grave Risk - Art. 13(1)(b) | Procedural Matters | Objections of the Child to a Return - Art. 13(2)

Appeal allowed, return ordered

Appeal allowed and return ordered; the retention was wrongful and none of the exceptions had been established to the standard required under the Convention.

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

Appeal dismissed, return ordered

Appeal dismissed. The removal was wrongful and the exceptions of the Convention inapplicable.

Habitual Residence - Art. 3 | Rights of Custody - Art. 3 | Acquiescence - Art. 13(1)(a)

Appeal dismissed, return refused

Habitual Residence - Art. 3 | Removal and Retention - Arts 3 and 12 | Acquiescence - Art. 13(1)(a) | Grave Risk - Art. 13(1)(b) | Non-Convention Issues

Retention of the elder child wrongful and return ordered; none of the exceptions proved to the standard required under the Convention. Retention of the younger child not wrongful as she had only ever been habitually resident in England. Return ordered under common law rules.

Consent - Art. 13(1)(a)

Appeal dismissed, application dismissed

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

Appeal dismissed, return ordered

Appeal dismissed and return ordered; the child's objections did not satisfy the standard required under Article 13(2) of the Convention.

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

Appeal dismissed, return ordered

Appeal dismissed and return order confirmed; whilst the children objected to a return the standard required under Article 13(2) had not been reached.

Procedural Matters

"Amparo" granted by the Constitutional Court which mandated the Court of Appeals to decide on the merits of the appeal.

Issues Relating to Return

Application to appeal dismissed and return order upheld. The prior return of the child rendered an appeal moot.