Case Law Search

Habitual Residence - Art. 3

Appeal dismissed, application dismissed

Appeal dismissed and application dismissed; the retention was not wrongful as the child had retained her habitual residence in California throughout her 34-month stay in Ireland.

Habitual Residence - Art. 3 | Removal and Retention - Arts 3 and 12 | Acquiescence - Art. 13(1)(a) | Procedural Matters | Consent - Art. 13(1)(a)

Appeal dismissed, return ordered

Appeal dismissed and return order upheld, but the orders for costs which had been made by the lower courts in favour of the father were set aside.

Habitual Residence - Art. 3

Application dismissed

European Convention on Human Rights (ECHR)

Unanimous: breach of Article 8 ECHR owing to the mother's deprivation of actual exercise of her family life with the child for over six years; award to the mother of EUR 16,223 for intangible damage and EUR 13,000 (plus any tax due) for costs and expenses.

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

Appeal allowed, return refused

Appeal upheld and return refused; the retention was wrongful, but a return to Germany would expose the children to a grave risk of physical, and most importantly, psychological harm.  In addition, it was proven that the children, who possessed the necessary age and maturity, objected to being returned to Germany.

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

Appeal dismissed, return ordered with undertakings offered

Appeal dismissed and return ordered subject to undertakings by both parents; the retention of the child had been wrongful, and the grave risk of harm exception had not been established.

Habitual Residence - Art. 3 | Consent - Art. 13(1)(a) | Procedural Matters

Appeal allowed, application dismissed

Appeal allowed and application dismissed; the retention was not wrongful as the child had remained habitually resident in the United States of America, and, the mother had consented to the Texas court's final resolution of the issue of custody.

Aims of the Convention - Preamble, Arts 1 and 2 | Removal and Retention - Arts 3 and 12 | Grave Risk - Art. 13(1)(b) | Human Rights - Art. 20

Appeal dismissed, return ordered

Appeal dismissed and return ordered; removal wrongful and neither the Article 13(1)(b) nor Article 20 exception had been proved to the standard required under the 1980 Hague Child Abduction Convention.

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

Appeal allowed, return ordered

Appeal allowed and return ordered; the trial court had erred in finding that the child, then 10, had attained an age and degree of maturity at which it was appropriate to take account of his views.

Rights of Custody - Art. 3 | Settlement of the Child - Art. 12(2)

Return ordered

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

Article 15 declaration granted

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

Appeal dismissed and return ordered subject to conditions; the removal was wrongful and none of the exceptions had been established to the standard required under the Convention.

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

Appeal allowed, return refused

Appeal allowed, return refused: the removal of the children was not wrongful.

Habitual Residence - Art. 3 | Issues Relating to Return | Procedural Matters

Return ordered

Return ordered; the conditions for application of the Convention were met and the mother had not put forward any grounds for exception.

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

Appeal dismissed, return refused

Appeal dismissed and return refused; the removal was wrongful but the trial judge had been correct in finding a grave risk of psychological harm to have been established to the standard required under Article 13(1)(b) of the Hague Convention and that adequate arrangement could not have been made to secure the protection of the children after their return to Greece pursuant to Article 11(4) of Brussels II a Regulation (Council Regulation (EC) No 2201/2003 of 27 November 2003).

Rights of Custody - Art. 3 | Procedural Matters | Non-Convention Issues

Appeal allowed, return ordered

Appeal allowed and return ordered; but if the mother were to be given permission by the Northern Ireland High Court to raise one of the Article 13 exceptions, then the return order could be stayed until the latter application was heard.

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

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

Appeal dismissed, return refused

Appeal dismissed; return denied. The mother had obtained provisional custody of the child pursuant to a Spanish decision.

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 retention was wrongful and none of the exceptions raised was applicable.

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

Appeal allowed, return refused