Removal and Retention - Arts 3 and 12 | Grave Risk - Art. 13(1)(b)
Appeal allowed, return refused
1 3 5 11 12 13(1)(b) 14 16 17 29
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.
Procedural Matters
Appeal dismissed, return refused
1 2 3 11 18 29
Appeal dismissed; the father had applied for return only in the event that he should be awarded custody of the children.
Habitual Residence - Art. 3 | Rights of Custody - Art. 3 | Acquiescence - Art. 13(1)(a) | Grave Risk - Art. 13(1)(b) | Objections of the Child to a Return - Art. 13(2) | Issues Relating to Return | Procedural Matters
Appeal allowed, return ordered
3 13(1)(a) 13(1)(b) 13(2) 13(3) 29
Aims of the Convention - Preamble, Arts 1 and 2 | Habitual Residence - Art. 3 | Procedural Matters
Return ordered
1 3 29
Return ordered; the child was habitually resident in the United States on the relevant date.
Removal and Retention - Arts 3 and 12 | Acquiescence - Art. 13(1)(a) | Grave Risk - Art. 13(1)(b)
1 2 5 11 13(1)(a) 13(1)(b) 13(2) 14 15 16 13(3) 29 30
Return ordered; the retention was wrongful and none of the exceptions had been proved to the standard required under the Convention.
Grave Risk - Art. 13(1)(b) | Rights of Access - Art. 21
1 4 8 13(1)(b) 21 29 25
Access ordered; the court recognized and enforced the American access order.
Aims of the Convention - Preamble, Arts 1 and 2 | Grave Risk - Art. 13(1)(b) | Role of the Central Authorities - Arts 6 - 10
3 8 9 10 11 12 13(1)(b) 13(2) 16 19 29
Appeal allowed and case remitted to the District Court to consider remedies that might allow both the return of the children to their habitual residence and their protection from harm pending a custody hearing in France.
Removal and Retention - Arts 3 and 12 | Article 15 Decision or Determination
3 15 29
Appeal allowed and Article 15 declaration refused.
Aims of the Convention - Preamble, Arts 1 and 2 | Grave Risk - Art. 13(1)(b)
Appeal dismissed, return ordered
3 13(1)(b) 29
Appeal dismissed and return ordered; the standard required under Article 13(1)(b) to indicate that the child would face a grave risk of harm if returned had not been met.
Removal and Retention - Arts 3 and 12 | Procedural Matters
3 7 8 19 29
Challenge upheld and decision of the Cour d'appel overruled; case remitted to the Cour d'appel of Toulouse.
