Appeal dismissed and return refused; the removal was wrongful but on the basis of the children’s objections a return order was refused.
Retour refus? ; il y a eu d?placement, mais l’exception de l’art. 13(2) a ?t? retenue.
Appeal allowed and return refused; the removal was not wrongful since the child was habitually resident in Sweden on the relevant date.
“Amparo” granted by the Constitutional Court which mandated the Court of Appeals to decide on the merits of the appeal.
http://www.justice.gov.za/hague/caselaw/2010_iguwa_10-15111.pdf
Retention wrongful and return ordered, subject to conditions; none of the exceptions had been proved to the standard required under the Convention.
Retention wrongful but return refused in the light of the child’s objections.
http://www.justice.gov.za/sca/judgments/sca_2012/sca2012-017.pdf
Appeal allowed and return refused; Article 13(1)(b) had been proved to the standard required under the Convention.
Article 15 declaration granted; the removal was wrongful being in breach of inchoate rights of custody.