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 to the standard required under the Convention.
3052/99 S. v. S.
Appeal allowed and return refused; decision of the trial court, that the standard required by Article 13(2) had not been met, restored.
F v F, MA 2898/92 [1992] IsrSC (unreported)
Appeal dismissed and return ordered; the removal was wrongful, being in breach of the father’s right of custody.
C. v. C., 23 March 1995, Be’er Sheva District Court
Application dismissed; the removal was not wrongful since the child was habitually resident in Israel at the relevant date.
Nottinghamshire County Council v. K.B. and K.B. [2011] IESC 48
http://courts.ie/Judgments.nsf/0/775840E6393C0593802579670057F84C
A.S. v. P.S. (Child Abduction) [1998] 2 IR 244
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.
B.B. v. J.B. [1998] 1 ILRM 136; sub nom B. v. B. (Child Abduction) [1998] 1 IR 299
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.
W.P.P. v. S.R.W. [2001] ILRM 371
Application dismissed; the removal was not wrongful as it was not in breach of any rights of custody.
M. v. K., 06/12/2000; Iceland Supreme Court
Appeal against return order dismissed; the removal was in breach of the father’s rights of custody and therefore wrongful.
Re B. (Child Abduction: Unmarried Father) [1999] Fam 1, [1998] 2 FLR 146, [1998] Fam Law 452
Article 15 declaration refused; the removal of the child was not wrongful as no rights of custody had been breached.