Grave Risk - Art. 13(1)(b) | Rights of Access - Art. 21
1 4 8 13(1)(b) 21 29 25
Access ordered; the court recognized and enforced the American access order.
Settlement of the Child - Art. 12(2)
Return refused
1 2 3 4 11 20 12(2) 26 25
Return refused; the removal was wrongful but Article 12(2) was successfully invoked, the child now being settled in her new environment.
Procedural Matters
Return ordered
1 2 3 4 5 7 19 25
Wrongful retention of a 1-year-old boy – Costa Rican – unmarried parents – Nicaraguan father – Dominican mother – Joint custody rights – The boy lived in Costa Rica until January 2018 – The return request was filed before a Nicaraguan court in January 2019 – Return ordered – Main issues: procedural matters – The parents agreed that the child would return to Costa Rica in the company of his father once the latter was assured that he would not be criminally sanctioned for child abduction.
