Case Law Search

Rights of Access - Art. 21 | Non-Convention Issues

Agreement as to contact between mother and the children in the United Kingdom and Pakistan made by consent.

Settlement of the Child - Art. 12(2)

Appeal dismissed, return ordered

Appeal dismissed and return ordered; the trial judge had not erred in the exercise of his discretion in making a return order notwithstanding having found the children to be settled in their new environment and that they objected to a return.

Issues Relating to Return | Procedural Matters

In a unanimous ruling the Court held that Poland had breached Article 8 of the ECHR in failing to make adequate and effective efforts to reunite the applicant with his daughters. The Court also made an award of compensation to the father under Article 41 of the ECHR.

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

Appeal dismissed, return refused

Appeal dismissed and return ordered. The child's removal was wrongful and the exception of Article 13 inapplicable.

Grave Risk - Art. 13(1)(b) | Objections of the Child to a Return - Art. 13(2) | Rights of Custody - Art. 3

Appeal dismissed, return ordered

Appeal dismissed and return order upheld; the removal was wrongful and none of the exceptions were applicable.

Removal and Retention - Arts 3 and 12

Application dismissed

Application dismissed; the removal was not wrongful.

Habitual Residence - Art. 3 | Grave Risk - Art. 13(1)(b) | Objections of the Child to a Return - Art. 13(2)

Return ordered

Return ordered, the retention was wrongful and none of the exceptions were applicable.

Objections of the Child to a Return - Art. 13(2) | Settlement of the Child - Art. 12(2)

Return ordered

Removal wrongful ad return ordered; the children had not settled in their new environment and the objectives of the older children were not of the requisite standard to justify a non-return order being made.

Grave Risk - Art. 13(1)(b) | Objections of the Child to a Return - Art. 13(2) | Issues Relating to Return | Procedural Matters

Maltese non-return order considered but not followed; child ordered to be sent back to England, his State of habitual residence, in accordance with Article 11 of the Brussels II a Regulation.

Objections of the Child to a Return - Art. 13(2) | Interpretation of the Convention

Leave to appeal refused and return order confirmed; the removal was wrongful and the objections of the children to a return did not satisfy the standards of Article 13(2).

Removal and Retention - Arts 3 and 12 | Rights of Custody - Art. 3 | Grave Risk - Art. 13(1)(b) | Objections of the Child to a Return - Art. 13(2) | Settlement of the Child - Art. 12(2) | Procedural Matters

Appeal dismissed, return ordered

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

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

Appeal dismissed, return ordered

Challenge rejected and return order confirmed. The removal was wrongful and the court of appeal had correctly found the Article 13(1)(b) exception to be inapplicable.

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

Appeal dismissed, return ordered

Challenge dismissed and return order confirmed. The court of appeal had not breached Article 13(2) by refusing to hear the children.

Procedural Matters

Appeal inadmissible. The issue of the child's best interests could only be evoked to oppose the enforcement if a change in circumstances had occurred between the issuance of the return order and its enforcement. It was for the judge seized with an application for modification to decide on this point.

Consent - Art. 13(1)(a)

Return ordered

Retention wrongful and return ordered; the father had not consented to the relocation of his children to England.

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

The removal was wrongful but there was a grave risk of harm to the children. The Public Prosecutor was asked to inform the Court of the steps taken to protect the children following their return.

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

Appeal dismissed, return ordered

Appeal dismissed and return ordered.  The removal was wrongful; the children were habitually resident in Spain on the relevant date and consent had not been established.

Habitual Residence - Art. 3 | Removal and Retention - Arts 3 and 12 | Objections of the Child to a Return - Art. 13(2)

Appeal dismissed, return refused

2 children allegedly wrongfully retained (aged 10 and 14 at the time of the decision) – Married parents – Father national of the United-States – Mother national of China Hong Kong SAR and the United-States – Children lived in the United States until July 2013 – Application for return filed in February 2015 – Application dismissed – Main issues: habitual residence, wrongful retention, and children’s objections to return – A change of habitual residence occurs when a move from one State to another has a sufficient degree of stability – The absence of a joint parental intention to reside in a given State is not decisive in precluding the possibility of the children having established habitual residence there – Retention is considered wrongful from the moment the parent knows (s)he will not return to the previous country – When taking into account children’s views, a preference may be sufficient to meet the standard of the child’s objection exception under Art. 13(2), provided it is substantial

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

Appeal dismissed, return ordered

1 child wrongfully retained at age 2 - Married parents - Father national of the United States of America - Mother national of Canada - Child lived in the United States of America until 2013 - Application for return filed in 2013 - Return ordered - Main issue: Habitual residence, acquiescence and the Art.13(1)(b) grave risk exception to return - The application of the Art. 13(1)(b) exception requires the child’s exposure to a high degree, intensity and frequency of physical or psychological abuse - A return order that does not deliver the child and parent directly to the left-behind parent upon return diminishes the risk of incidents of domestic abuse occurring, while ensuring that the appropriate forum adjudicates the merits of custody and access issues

Rights of Custody - Art. 3

Appeal allowed, return refused

1 child allegedly wrongfully removed at age 13 - Divorced parents - Father had been granted custody - Child lived in Germany until March 2010 - Application for return filed with the Central Authority of Germany on 7 June 2010 - Return refused - Main issues: Rights of custody - The parent who issued the return request had not been exercising his custody rights at the time of removal, and therefore the removal could not be considered wrongful within the meaning of the 1980 Child Abduction Hague Convention