S. v. S., 2003 SLT 344
Removal wrongful and return ordered; the father was actually exercising his rights of custody and none of the exceptions had been proved to the standard required under the Convention.
T.B. v. J.B. (Abduction: Grave Risk of Harm) [2001] 2 FLR 515
Appeal allowed and return ordered; by a majority verdict the Court of Appeal found that none of the exceptions had been proved to the standard required under the Convention.
D. Petitioner
Removal wrongful and return ordered; the standard of harm required under Article 13(1)(b) had not been made out.
Re A. and Another (Minors: Abduction) [1991] 2 FLR 241
Appeal dismissed and return ordered; the retention was wrongful and the father had not acquiesced in the children’s retention.
Re M. (A Minor), 10 August 1995, transcript, Court of Appeal
Appeal dismissed and return ordered; the retention was wrongful as the child was habitually resident in France at the relevant date.
Re M. (Abduction: Conflict of Jurisdiction) [2000] 2 FLR 372
Retention wrongful and return ordered; the child was habitually resident in Spain on the relevant date.
Re H. (Abduction: Child of 16) [2000] 2 FLR 51
In respect of the elder child: The Convention was not applicable, the child having attained the age of 16 by the date of the hearing. In respect of the younger child: Return ordered; the removal was wrongful and none of the exceptions had been proved to the standard required under the Convention.
Findlay v. Findlay 1995 SLT 492
Return ordered; the child was habitually resident in Canada on the relevant date and the child was wrongfully retained in Scotland after 5 March 1993.
Matznick v. Matznick 1994 GWD 39-2277
Return ordered; in the light of the father’s undertakings the standard required under Article 13(1)(b) to indicate that the children would face a grave risk of physical harm had not been met.
McKiver v. McKiver 1995 SLT 790
Return ordered; the removal of the child had breached the father’s actually exercised rights of custody.