Non-Convention Issues

Appeal dismissed, return ordered

One child wrongfully removed at age 4 – Married parents – Father national of Ireland – Mother national of Israel, Ireland and UK – Joint custody – Child lived in Ireland until June 2025  –  Appeal to Supreme Court dismissed, return ordered 

Habitual Residence - Art. 3 | Undertakings | Grave Risk - Art. 13(1)(b) | Issues Relating to Return

Return ordered

One child wrongfully removed at age 4 – Married parents – Father national of Ireland – Mother national of Israel, Ireland and UK – Joint custody – Child lived in Ireland until June 2025  –  Return ordered – Main issue: Generalised antisemitism did not amount to a grave risk of harm within the meaning of Article 13(1)(b).

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

Return ordered

One child wrongfully retained at age 1 – National of Turkey – Married parents – Father national of Turkey – Mother national of Turkey – Joint custody – Child lived in Turkey until 2024  – Application for return submitted to the Turkish Ministry of Justice in November 2024 and filed with the federal district court for the Northern District of Georgia in July 2025 – Return ordered – Main issues: Article 13(1)(b): there was no clear and convincing evidence that the child would be subjected to such a risk and the alleged violence was not repeated abuse but isolated incidents. Article 13(1)(a) Consent: it was clear that the father consented only to a temporary visit. Article 13(1)(a) Acquiescence: the father’s efforts to remain in the child’s life did not amount to acquiescence. 

Habitual Residence - Art. 3 | Rights of Custody - Art. 3 | Acquiescence - Art. 13(1)(a) | Grave Risk - Art. 13(1)(b) | Objections of the Child to a Return - Art. 13(2)

Return ordered

1 child wrongfully retained at age 6 – National of Mexico – divorced parents – Father national of Mexico – Mother national of Mexico – Joint custody, the child lived with the mother and the father had weekend visitation rights – Child lived in Mexico until May 2022 – Application for return filed with the Mexican Central Authority in June 2025 – Return ordered – Main issues: Though the mother had sole custody of the child, the father retained parental rights which were equivalent to rights of custody under the 1980 Convention. The father's actions did not amount to acquiescence as he had agreed for the child to travel to the US only until May 2025.

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

Return ordered

1 child wrongfully removed at age 4 – Nationalof Australia and the USA – Married parents – Father national of Australia – Mother national of USA and UK – Joint custody, parents were in the process of developing a written agreement for future custody – Child lived in Australia until September 2025  – Application for return on 15 January 2026 – Return ordered – Main issues: The mother failed to prove by clear and convincing evidence that the father consented to the removal or that there was a grave risk of harm. 

Grave Risk - Art. 13(1)(b) | Settlement of the Child - Art. 12(2) | Issues Relating to Return | Best Interests of the Child

Return ordered

Settlement of the Child - Art. 12(2) | Objections of the Child to a Return - Art. 13(2) | Best Interests of the Child

Appeal allowed, return refused

Grave Risk - Art. 13(1)(b) | Interpretation of the Convention | Procedural Matters | Best Interests of the Child

A binding legal thesis on interpretation issued by the Superior Court of Justice of Brazil for lower courts. Main issues: grave risk; interpretation of the Convention; procedural aspects; best interests of the child— Guide to Good Practice, Art. 13(1)(b)–.

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

Return refused

Two children wrongfully removed at ages 8 and 9 – Nationals of Mexico – Father national of Mexico – Mother national of Mexico – Children lived in Mexico until September 2024 – Return refused – Main issue: Article 13(1)(b), the mother established clear and convincing evidence of abuse

Habitual Residence - Art. 3 | Rights of Custody - Art. 3

Return ordered

1 child wrongfully removed at age 5 – Divorced parents – Father national of [State(s)] – Joint custody. Mother was the primary carer and father had rights of access – Child was born in USA but moved with the family to Colombia. He was wrongfully retained in the USA by the mother in 2024 and, after return to Colombia, wrongfully removed to the USA again in December 2025  – Application for return filed on 19 December 2025 – Return ordered – Main issues: Article 3, the father had rights of custody and the child was habitually resident in Colombia, the Court placed little weight on the evidence concerning the child’s settlement in the United States in the time following the wrongful retention.