Case Law Search

Removal and Retention - Arts 3 and 12 | Rights of Custody - Art. 3

Challenge to legality dismissed; while the return proceedings were pending, the authorities in the children's State of habitual residence had granted the mother custody.

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

Return ordered

Return ordered; the removal was wrongful as the child was habitually resident in Italy at the time of her removal.

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

Appeal dismissed, return ordered

Appeal dismissed and return ordered; the removal was wrongful and the trial court had not erred in its refusal to apply the fugitive disentitlement doctrine.

Rights of Custody - Art. 3

Return ordered

Return ordered; the removal breached custody rights held by the father.

Habitual Residence - Art. 3 | 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 removal was wrongful and none of the exceptions had been established.

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

Appeal allowed, return refused

Appeal upheld and return refused; the retention was wrongful, but a return to the United Kingdom would expose the child to a grave risk of physical, and most importantly, psychological harm.

European Convention on Human Rights (ECHR) | Procedural Matters

By a majority of five to two, the European Court of Human Rights held that Latvia had violated Article 8 of the ECHR in failing to take account of various relevant factors in assessing the best interests of the child. The Court also awarded the mother compensation under Article 41 of the ECHR.

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.

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.

Rights of Custody - Art. 3

Appeal dismissed, return refused

Habitual Residence - Art. 3 | Removal and Retention - Arts 3 and 12 | Jurisdiction Issues - Art. 16 | Non-Convention Issues | Brussels IIa Regulation (Council Regulation (EC) No 2201/2003 of 27 November 2003)

Appeal allowed; the Supreme Court unanimously affirmed that English law retained a discretionary, residual basis of jurisdiction over children based on their British nationality. The case was remitted to the trial court to decide whether to exercise this jurisdiction. Were the trial court not to exercise the jurisdiction, a preliminary ruling application would be made to the Court of Justice of the European Union (CJEU) to enable the Supreme Court to decide on the habitual residence of the child.

Rights of Custody - Art. 3 | Objections of the Child to a Return - Art. 13(2) | Issues Relating to Return | Procedural Matters

Appeal allowed, return ordered

Appeal allowed and return ordered; the removal was wrongful and none of the exceptions had been proved to the standard required under the Convention.

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

Appeal dismissed; there had been a wrongful retention since the child had her habitual residence in Italy.

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

Appeal dismissed, return ordered

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

Return ordered

Return ordered; the retention was wrongful and none of the exceptions had been proved to the standard required under the Convention.

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

Return refused

Removal wrongful but return refused; Article 13(2) had been proved to the standard required under the 1980 Hague Child Abduction Convention.

Habitual Residence - Art. 3

Return ordered

Return ordered; the removal was wrongful as the child was habitually resident in Ireland on the relevant date.

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

Return ordered

Return ordered; the retention was wrongful as the child retained his habitual residence in Israel on the relevant date.

Rights of Custody - Art. 3

Appeal dismissed, return ordered

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

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

Appeal allowed, return ordered with undertakings offered

Appeal dismissed and return ordered with undertakings offered; the removal was wrongful as the child was habitually resident in the United States at the relevant date.