Rights of Access - Art. 21
21
Application allowed and new access order issued.
Objections of the Child to a Return - Art. 13(2) | Rights of Access - Art. 21 | Non-Convention Issues
Application accepted and new access order issued.
European Convention on Human Rights (ECHR) | Rights of Access - Art. 21
No violation of Article 8 of the European Convention on Human Rights (ECHR) in respect of Albania, whilst the remainder of the application concerning Italy was declared inadmissible.
Undertakings | Rights of Access - Art. 21
Access rights granted by a United Kingdom court were guaranteed by a mirror order issued in Panama.
Rights of Custody - Art. 3 | Article 15 Decision or Determination | Rights of Access - Art. 21
Appeal dismissed, application dismissed
3 15 21
Appeal dismissed and application dismissed; the removal was not wrongful for it had not led to the breach of any rights of custody.
Rights of Custody - Art. 3 | Rights of Access - Art. 21
1 3 5 8 21
Appeal inadmissible as it did not raise a sufficiently significant issue of law.
Application to enforce foreign access order refused; Article 21 confers no jurisdiction on a court to determine matters relating to access.
Rights of Custody - Art. 3
Return ordered
3 4 5 21
Return ordered; the removal of the child had breached the father's actually exercised rights of custody.
Appeal allowed and case remitted to the District Civil Court of Graz to rule on the father's application for access.
3 12 21
Challenge to legality dismissed; the removal was not wrongful as it was not in breach of any rights of custody.
Application dismissed
3 21
Application dismissed; the removal was not wrongful as it was not in breach of any rights of custody.
Objections of the Child to a Return - Art. 13(2) | Rights of Access - Art. 21
Application allowed and independent children's lawyer appointed.
Acquiescence - Art. 13(1)(a) | Grave Risk - Art. 13(1)(b) | Objections of the Child to a Return - Art. 13(2) | Rights of Access - Art. 21 | Procedural Matters
Appeal allowed, return refused
1 12 13(1)(a) 13(1)(b) 13(2) 21
Appeal allowed and return refused; on the basis that the father was prepared to contemplate the children remaining in New Zealand if he could have satisfactory access in the United States.
Rights of Access - Art. 21 | Interpretation of the Convention
Application dismissed; the Convention only applied to breaches of access rights occurring after the date on which the Convention came into force between the United Kingdom and Contracting States.
Appeal allowed, application dismissed
1 3 4 5 15 21
Appeal allowed and application dismissed; the removal of the child did not breach any rights of custody and was not therefore wrongful.
Aims of the Convention - Preamble, Arts 1 and 2 | Rights of Custody - Art. 3 | Procedural Matters | Interpretation of the Convention
Appeal dismissed, return ordered
1 3 5 11 12 13(1)(a) 13(1)(b) 13(2) 21 13(3)
The court found that the Convention was not applicable to the case but dismissed the appeal on the basis that the child's interests were best served by a return to the United States.
Access order made in same terms as the original English access order.
Rights of Access - Art. 21 | Procedural Matters
Application for access under Article 21 allowed to proceed.
1 21
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.
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.
