Case Law Search

Rights of Custody - Art. 3 | Interpretation of the Convention

Appeal allowed, application dismissed

Appeal allowed and application dismissed; the removal was not wrongful as the father did not possess rights of custody at the time of the removal.

Rights of Custody - Art. 3

Appeal dismissed, return ordered

Appeal dismissed and return ordered; the removal breached the mother's rights of custody and was therefore wrongful.

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

Appeal allowed, return ordered

Appeal allowed and return ordered; the Convention was applicable and the retention was wrongful while Article 13(2) had not been proved to the standard required.

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

Return ordered

Return ordered; the removal of the child breached the father's rights of custody and Article 13(1)(b) had not been proved to the standard required under the Convention.

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.

Rights of Custody - Art. 3 | Grave Risk - Art. 13(1)(b) | Rights of Access - Art. 21

Return ordered

Return ordered; the removal was wrongful having breached actually exercised rights of 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.

Rights of Custody - Art. 3 | Interpretation of the Convention

Appeal dismissed, refusal of Article 15 declaration confirmed

Appeal dismissed; the removal was not wrongful as the father did not enjoy any legal rights of custody.

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

Return ordered

Application for review dismissed and return ordered; the mother's removal of the child from England was wrongful as the child was habitually resident in England at the relevant date and the father was exercising his custody rights.

Aims of the Convention - Preamble, Arts 1 and 2 | Habitual Residence - Art. 3 | Acquiescence - Art. 13(1)(a) | Interpretation of the Convention

Application dismissed

Application dismissed; the children were habitually resident in Australia on the relevant date.

Rights of Custody - Art. 3

Return ordered

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

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

Return ordered

Return ordered: the removal was wrongful, being in breach of actually exercised rights of custody, and none of the exceptions had been proved to the standard required under the Convention.

Rights of Custody - Art. 3 | Consent - Art. 13(1)(a) | Grave Risk - Art. 13(1)(b) | Procedural Matters

Appeal dismissed, return ordered

Appeal dismissed and return ordered; the removal had been in breach of actually exercised rights of custody and none of the exceptions had been proved to the standard required under the Convention.

Habitual Residence - Art. 3

Rights of Custody - Art. 3

Appeal allowed; the decisions on the merits were quashed and the case referred back to the court of first instance for it to rule on the father's application in accordance with the Hague Convention and the principles set down by the Supreme Court in the case at hand. The removal was wrongful under the terms of Article 3.

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

Return ordered

Return ordered; the removal was wrongful, the child being habitually resident in Spain at the relevant date and the mother having custody.

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

Return ordered

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.

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.

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.