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Case Name
Supreme Court Order 2017Seu630
INCADAT reference
HC/E/KR 1418
Court
KOREA, REPUBLIC OF
Supreme Court of Korea
States involved
JAPAN
KOREA, REPUBLIC OF
Decision
17 April 2018
Final
Grave Risk - Art. 13(1)(b)
Appeal dismissed, return refused
Articles 3, 12(1) and 4(3) of the Act on the Implementation of the Hague Child Abduction Convention
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SYNOPSIS
2 children wrongfully removed at ages 9 and 7 – Nationals of Korea – Married parents – Father national of The Republic of Korea– Mother national of The Republic of Korea– Parents had joint custody – Children lived in Japan until 28 June 2016 – Application for return filed with the court of The Republic of Korea on 21 April 2017 – Return refused – Main issue: Article 13(1)(b) – a “grave risk” includes cases where the child is at risk of psychological harm due to frequent violence committed against the other parent.
SUMMARY
Facts
The Applicant (husband) and Respondent (wife) married on 13 April 2006 in Japan. Following the marriage they remained in Japan and had two children: a girl born on 2 January 2007 and a boy born on 1 June 2009. Following an argument, the Respondent left Japan for Korea with children in June 2016, without the Applicant’s consent. Since then, the Respondent has lived with the children in her sister’s house in Seoul. The children started to attend the Korean School on 1 September 2016. The Applicant filed a claim under the 1980 Hague Convention. At first instance the Korean court refused the return of the child. The case was appealed to the Court of Appeal who also refused the appeal. The father appealed the decision to the Supreme Court.
Ruling
The appeal was dismissed. The children should not be returned due to a grave risk of harm under Article 13(1)(b) of the 1980 Convention.
Grounds
Grave Risk - Art. 13(1)(b)
According to the Article 13(1)(b) of the Child Abduction Convention, “a grave risk” includes cases where the child is at risk of psychological harm due to frequent violence committed against the other parent.