Case Law Search

Habitual Residence - Art. 3

Appeal allowed but on application of the correct legal standard the original dismissal of the Hague application was affirmed; the children were not habitually resident in France at the time of the removal.

Grave Risk - Art. 13(1)(b) | European Convention on Human Rights (ECHR) | Issues Relating to Return

By a majority of 5 to 2 the Court ruled that the French authorities had not breached Article 8 of the ECHR either in ordering the return of the child to the United States, or, in the manner in which the return order was enforced. The Court held unanimously that there had been no breach of Article 6(1).

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

Appeal dismissed, return ordered

Rights of Custody - Art. 3

Appeal allowed, return ordered

Appeal allowed and return ordered. The removal was wrongful as it was rendered without knowledge of the father's right to custody.

Rights of Custody - Art. 3 | Grave Risk - Art. 13(1)(b) | Issues Relating to Return

Return refused

Application dismissed the removal was not deemed to have been in breach of actually exercised rights of custody.

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

Appeal allowed, return ordered

Return ordered.

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

Appeal allowed, return ordered

Appeal allowed, return ordered.

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

Appeal allowed, return refused

Appeal allowed and case remitted to the District Court for consideration on the merits.

European Convention on Human Rights (ECHR) | Procedural Matters

By a majority the Court declared the application to be inadmissible, on the basis of it being manifestly ill-founded; the Turkish authorities had not disregarded their obligations under Article 6 of the ECHR (right to fair trial) or violated the right to respect for family life guaranteed under Article 8 of the ECHR.

Brussels IIa Regulation (Council Regulation (EC) No 2201/2003 of 27 November 2003)

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

Return ordered subject to undertakings

Removal wrongful and return ordered, subject to undertakings; a grave risk of harm had not been established to the standard required under the Convention.

Acquiescence - Art. 13(1)(a) | Undertakings

Return ordered subject to undertakings

Retention wrongful and return ordered; none of the exceptions had been proved to the standard required under the Convention.

Habitual Residence - Art. 3 | Non-Convention Issues

Application dismissed; the children had lost their habitual residence in the United Kingdom - England & Wales, therefore the English courts were no longer competent to adjudicate in respect of them.

Habitual Residence - Art. 3 | Removal and Retention - Arts 3 and 12 | Article 15 Decision or Determination | Procedural Matters | Brussels IIa Regulation (Council Regulation (EC) No 2201/2003 of 27 November 2003)

Appeal allowed and it was ordered that the proceedings be transferred to France in accordance with Article 15 of the Brussels II a Regulation (Council Regulation (EC) No 2201/2003 of 27 November 2003).

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

Appeal dismissed, application dismissed

Appeal dismissed and application dismissed; the child had become habitually resident in the United States at the time of the retention, therefore the latter action was not wrongful.

Habitual Residence - Art. 3 | Rights of Custody - Art. 3 | Brussels IIa Regulation (Council Regulation (EC) No 2201/2003 of 27 November 2003)

Preliminary Ruling issued, case remitted to United Kingdom (England & Wales) courts.

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

Appeal by the mother (the taking parent) dismissed: the removal was wrongful and none of the grounds for exception invoked were applicable. The father's appeal was partially allowed: removal of the condition of taking protective measures.

Acquiescence - Art. 13(1)(a)

Appeal allowed, return refused

Procedural Matters | Non-Convention Issues

In an unanimous ruling the Court held that Albania had breached Article 8 of the ECHR in that the efforts of the Albanian authorities were neither adequate nor effective to discharge their positive obligation under Article 8 to reunite the father with his daughter. The Court also made an award of compensation to the father under Article 41 of the ECHR.