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

Return refused

Two children wrongfully removed at ages 5 and 7 – Married parents – Joint custody – Children lived in Paraguay until November 2024  – Application for return filed on 15 September 2025 – Return refused – Main issue: Article 13(1)(b), grave risk of harm to the children and no protective measures to ameliorate the risk.

Objections of the Child to a Return - Art. 13(2)

Appeal dismissed, return refused

1 child wrongfully retained at age 13 – Child lived in Haiti until 2015 and then in Martinique until 2023 – Appeal dismissed, return refused – Main issue: Article 13(2) the child objected to returning to Martinique and was of an age and degree of maturity that her views should be taken into account. 

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

Appeal dismissed, return refused

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

Appeal dismissed, return ordered

Habitual Residence - Art. 3

Appeal dismissed, return refused

One child wrongfully removed – Married parents – Father national of USA – Mother national of USA and the Netherlands – Mother had full legal custody and father rights of access – Child lived in USA until June 2022 and then again from May until August 2023  – Application for return filed with the courts of the Netherlands in January 2025. In September 2025 the father filed an Emergency Motion for Temporary Custody and Petition for Permanent Parenting Plan in the Montana District Court – Appeal dismissed – Main issue: UCCJEA, The Montana District Court correctly determined that it did not have child custody jurisdiction over the child since Montana was no longer her ‘home state’.

Habitual Residence - Art. 3

Return refused

One child allegedly wrongfully retained at age five – National of Germany and the USA – unmarried parents – Father national of USA – Mother national of Germany and the USA – Joint custody but delegated decision-making to the mother – Child moved around significantly between Germany and Hawai’i – Return refused – Main issue: Habitual residence, the child had spent much of her life moving and had meaningful ties to more than one place. For three years she had lived primarily in Hawai’i, built relationships and attended school. Her eight-month stay in Germany failed to reflect the same level of continuity. 

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.