Case Law Search

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

Consent - Art. 13(1)(a) | Undertakings | Issues Relating to Return | Procedural Matters

Appeal dismissed, return ordered

Appeal dismissed and return ordered subject to a mirror order being obtained in the Netherlands; the retention was wrongful and the allegation that the applicant father had consented had not been proved.

Issues Relating to Return | Procedural Matters

Habitual Residence - Art. 3

Application dismissed

Application dismissed; the child's habitual residence was in Israel at the date of the removal and so the Convention did not apply.

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

Return order refused. Non return order in French Convention proceedings upheld.

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

Appeal dismissed; the Cour de cassation ruled that the Court of Appeal had correctly deemed that the return would not expose the children to a grave risk.

Non-Convention Issues

Appeal allowed, return ordered

Appeal allowed and return ordered; notwithstanding the period of almost 3 years spent in the United Kingdom, it was in the best interests of the children to return to Mozambique, their mother, a failed asylum seeker, having no realistic prospect of being allowed to remain.

Article 15 Decision or Determination | Issues Relating to Return

Appeal dismissed, granting of Article 15 declaration confirmed

Appeal dismissed and declaration upheld; jurisdiction existed to make an Art 15 declaration at the behest of the father.

Rights of Custody - Art. 3

Appeal dismissed, return refused