Grave Risk - Art. 13(1)(b)

Appeal dismissed, return ordered

Appeal dismissed, return ordered. 

Acquiescence - Art. 13(1)(a) | Grave Risk - Art. 13(1)(b)

Appeal allowed, return refused

Appeal allowed, return refused. The first instance judge had erred in her approach to determining whether there was a grave risk to the children under Article 13(1)(b).

Grave Risk - Art. 13(1)(b)

Case remitted to lower court

Decision set aside and matter remitted for rehearing. 

Grave Risk - Art. 13(1)(b)

Return refused

Return refused.

Habitual Residence - Art. 3 | Grave Risk - Art. 13(1)(b)

Return ordered

Order for return of the child to Japan. 

Removal and Retention - Arts 3 and 12 | Rights of Custody - Art. 3 | Grave Risk - Art. 13(1)(b) | Jurisdiction Issues - Art. 16 | Best Interests of the Child

Appeal allowed, return ordered

Habitual Residence - Art. 3 | Grave Risk - Art. 13(1)(b)

Return refused

Return refused. Though the mother was indeed wrongfully retaining the child, by the time the father made an application for return the child was settled in England and habitually resident there. 

Settlement of the Child - Art. 12(2) | Grave Risk - Art. 13(1)(b)

Return refused

Return refused. 

Objections of the Child to a Return - Art. 13(2) | Grave Risk - Art. 13(1)(b)

Return ordered

Return ordered.

Removal and Retention - Arts 3 and 12 | Procedural Matters | Settlement of the Child - Art. 12(2)

Appeal dismissed, return refused

First instance judgment affirmed, appeal denied. The wrongful retention began on 4 January 2023. The father did not successfully file a petition until April 2024 and the child was found to be well-settled in the USA. The lower court did not abuse its discretion in refusing to order the child’s return to Greece.