
J. v. B., 25 April 2007, Court for Family Matters, Beersheva
Removal wrongful and return ordered to a Member State other than the State of the child’s habitual residence; none of the exceptions had been proved
Removal wrongful and return ordered to a Member State other than the State of the child’s habitual residence; none of the exceptions had been proved
Appeal allowed and return refused; decision of the trial court, that the standard required by Article 13(2) had not been met, restored.
Appeal dismissed and return ordered; the removal was wrongful, being in breach of the father’s right of custody.
Application dismissed; the removal was not wrongful since the child was habitually resident in Israel at the relevant date.
Appeal allowed and return ordered with undertakings given; the standard of proof required under Article 13(1)(a) and 13(1)(b) had not been met.
http://courts.ie/Judgments.nsf/0/775840E6393C0593802579670057F84C
Appeal allowed and case remitted to the High Court for it to exercise its discretion as to whether the child should be returned to England.
Application dismissed; the removal was not wrongful as it was not in breach of any rights of custody.
Appeal dismissed and return ordered; the removal was wrongful as it was in breach of the father’s custody rights. The standard of harm required under
Appeal dismissed; the standard required under Article 13(1)(a) to show that the father had acquiesced had not been met.