Case Law Search

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

Removal and Retention - Arts 3 and 12 | Procedural Matters

The Court ruled unanimously that Romania had breached Article 8 of the ECHR in failing to prevent a decision on the merits of the right to custody being taken in the State of refuge and by failing to act in the Convention proceedings with the requisite degree of urgency. The Court also made an award of compensation to the father under Article 41 of the ECHR.

Rights of Access - Art. 21 | Procedural Matters

The Court ruled unanimously that Romania had breached Article 8 of the ECHR in failing to take adequate measures to ensure respect for the father's right of access over a period of 6 years. The Court also made an award of compensation to the father under Article 41 of the ECHR.

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

Appeal allowed and case remitted to the Family Court of Australia for adjudication; the trial judge had erred in rejecting the Article 13(1)(b) exception without paying sufficient regard to the expert evidence on the matter.

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

Appeal allowed and case remitted to the District Court for final judgment; the strict interpretation given to Article 13(1)(b) by the trial court was rejected by the Court of Appeals.

Removal and Retention - Arts 3 and 12 | Grave Risk - Art. 13(1)(b) | Undertakings | Objections of the Child to a Return - Art. 13(2) | Role of the Central Authorities - Arts 6 - 10 | Procedural Matters

Return ordered with undertakings offered

Retention wrongful and return ordered; none of the exceptions was upheld.

Grave Risk - Art. 13(1)(b) | Undertakings | Objections of the Child to a Return - Art. 13(2) | Brussels IIa Regulation (Council Regulation (EC) No 2201/2003 of 27 November 2003)

Return ordered with undertakings offered

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

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

Appeal dismissed, return ordered

The current situation in Israel does not preclude the return of a minor child based on the provision of Article 13(1)(b).

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

Appeal dismissed, return ordered

Appeal dismissed, return ordered. The trial judge had rightly found that the exception of consent was not applicable.

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

Return ordered

Return ordered; the children's objection was insufficient.

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

Appeal allowed, return ordered

Appeal allowed and return ordered; the removal was wrongful and the standard required under Art 13(1)(b) had not been met.

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

Appeal dismissed and preliminary ruling upheld; the father held rights of custody at the time of the removal of the children.

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

Appeal dismissed, return ordered

Appeal dismissed, return ordered. The removal was wrongful and the exceptions inapplicable.

Habitual Residence - Art. 3 | Settlement of the Child - Art. 12(2)

Appeal allowed, return refused

Appeal allowed and return refused; the retention was wrongful but the child was now settled in her new environment.

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

Return ordered

The court held that the exceptions under Article 13 of the 1980 Convention did not apply in this case and ordered the return of the children to Israel. 

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

Appeal dismissed, return ordered

Appeal dismissed and return ordered; the retention was wrongful, the child having retained her habitual residence in Mexico and none of the exceptions was applicable.

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

Return ordered with undertakings offered

3 children wrongfully removed at age 7 – Father national of the United Kingdom and Canada – Mother national of the United Kingdom and Canada – Both parents had rights of custody under the law of Scotland – Children lived in the United Kingdom until August 2009 – Application for return filed with the Central Authority of the Scotland on 20 October 2009 – Return ordered – Main issue(s): Rights of custody – Art. 3 – Father had rights of custody under the law of Scotland; there was no court order restricting his rights as a parent – Removal & Retention – Arts 3 and 12 – Children wrongfully removed, in breach of the father’s custody rights and without his consent. The father was exercising his rights despite the child protection investigation – Grave Risk – Art. 13(1)(b) –There is no grave risk. Social service agencies and court in Scotland will protect the children upon their return – Undertakings – Undertakings imposed to assist the return and to protect the children in the transitional period before the court in Scotland takes over. 

Consent - Art. 13(1)(a) | Acquiescence - Art. 13(1)(a) | Grave Risk - Art. 13(1)(b) | Undertakings

Return ordered subject to undertakings

Removal wrongful and return ordered; the Article 13(1)(b) defence had not 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 ordered

Appeal dismissed; return ordered. The removal was wrongful and none of the exceptions raised was applicable.

Grave Risk - Art. 13(1)(b) | Settlement of the Child - Art. 12(2) | European Convention on Human Rights (ECHR)

Return refused

One child wrongfully retained at age 5 – National of Germany - Divorced parents – Father national of Germany – Mother national of Russia – Parents had joint custody – Child lived in Germany until 13 July 2017  – Application for return was filed with the Court on 30 August 2018 – Return refused – Main issue(s): Article 13(1)(b), grave risk due to violence from the father; Article 12, child settled in new environment.