Case Law Search

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

Appeal dismissed, return ordered

Rights of Access - Art. 21 | Procedural Matters

The father's appeal was dismissed; the mother's appeal was granted. The court excluded any access on the grounds that contact between the father and the children was not in the children's best interests.

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

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

Return ordered

The retention was wrongful and Article 13(2) was not proved to the standard required under the Convention.

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.

Habitual Residence - Art. 3

Application dismissed

Appeal dismissed and application dismissed, by a majority the Court of Appeal ruled that the child had no habitual residence on the relevant date.

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

Return ordered subject to undertakings

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)

Return ordered

The Court ordered the return of the children. The Court did not accept the fathers account of events and held that, even if they were true, they would not amount to a grave risk envisaged by Article 13(1)(b).

Removal and Retention - Arts 3 and 12 |

Appeal dismissed, return ordered

one child wrongfully retained between age 4 and 5– National of unknown –unmarried parents – Father national of unknown – Mother national of unknown – Shared parental responsibility – Child lived in Portugal until 10 March 2017 – Application for return filed with the courts of Switzerland on 23 April 2018 – Return ordered – Main issue: Removal and Retention – The father could not prove that the mother had given her consent for the child to remain in Switzerland and the mother filed an appeal within the one year period set out in Article 12.

Aims of the Convention - Preamble, Arts 1 and 2 | Objections of the Child to a Return - Art. 13(2)

Appeal dismissed, return ordered

Appeal dismissed, returned ordered; whilst the child objected to a return the Court exercised its discretion to order his return.

Procedural Matters

Appeal dismissed, application dismissed

Appeal dismissed; the conditions for the suspension of the provisional enforcement were not met.

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

Article 15 declaration granted

Appeal allowed; article 15 declaration granted.  The applicant father was considered to hold rights of custody under New Zealand law.

Habitual Residence - Art. 3

Appeal dismissed, return ordered

Appeal dismissed and return ordered; the retention was wrongful, the children having retained their Italian habitual residence during their extended stays in the United States.

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

Return ordered

Return ordered.

Aims of the Convention - Preamble, Arts 1 and 2 | Settlement of the Child - Art. 12(2) | Acquiescence - Art. 13(1)(a) | Grave Risk - Art. 13(1)(b) | Objections of the Child to a Return - Art. 13(2)

Case remitted to lower court

Wrongful retention of a child when she was 5 years old - US national - parents married - father US national - mother Colombian national - both parents had custody rights under the Convention - child lived in the US until 19 December 2015 - return application was filed before the US Central Authority on 13 June 2016 - lower court was ordered to make a new judgment in the international return proceedings, taking into account the child's views - main issues: aims of the Convention - Preamble, settlement of the child, acquiescense, art. 13(1)(b) grave risk exception, child's objections to return – the best interests of the child is to be returned to his or her center of life without delay, unless one of the grounds of exception is proven - assessment of the child's settlement is appropriate only if one year has elapsed between the wrongful conduct and the date of filing of the international return application - the grave risk must be greater than the natural hardship that may result from a change of his or her residence or the dislocation of the current living group - the decision on the application of the exception of Art. 13(2) requires consideration of the voice of the child who is of sufficient age and maturity.

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

Appeal dismissed, return refused

Habitual Residence - Art. 3

Application inadmissible, there had been no manifest error in analysis of the child's habitual residence.