Case Law Search

Rights of Custody - Art. 3 | Grave Risk - Art. 13(1)(b) | Objections of the Child to a Return - Art. 13(2) | Settlement of the Child - Art. 12(2)

Return refused

Return refused; the removal was wrongful, being in breach of the father's rights of custody, but the older siblings had valid objections to a return and the children would face a grave risk of harm if separated.

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

Appeal dismissed, return refused

Appeal dismissed and return refused: the removal was wrongful, but Article 12(2) had been proved to the standard required under the Convention.

Human Rights - Art. 20

Appeal inadmissible for being manifestly unfounded. None of Arts. 3, 12, 13(1)(b) and 14 is inconsistent with the German Constitution, and neither their interpretation nor their application by the Court of Appeal was inconsistent with the Constitution.

Aims of the Convention - Preamble, Arts 1 and 2 | Settlement of the Child - Art. 12(2) | Acquiescence - Art. 13(1)(a) | Grave Risk - Art. 13(1)(b) | Objections of the Child to a Return - Art. 13(2)

Case remitted to lower court

Wrongful retention of a child when she was 5 years old - US national - parents married - father US national - mother Colombian national - both parents had custody rights under the Convention - child lived in the US until 19 December 2015 - return application was filed before the US Central Authority on 13 June 2016 - lower court was ordered to make a new judgment in the international return proceedings, taking into account the child's views - main issues: aims of the Convention - Preamble, settlement of the child, acquiescense, art. 13(1)(b) grave risk exception, child's objections to return – the best interests of the child is to be returned to his or her center of life without delay, unless one of the grounds of exception is proven - assessment of the child's settlement is appropriate only if one year has elapsed between the wrongful conduct and the date of filing of the international return application - the grave risk must be greater than the natural hardship that may result from a change of his or her residence or the dislocation of the current living group - the decision on the application of the exception of Art. 13(2) requires consideration of the voice of the child who is of sufficient age and maturity.

European Convention on Human Rights (ECHR)

Application inadmissible; all elements of the complaints were found to be manifestly ill-founded.

Habitual Residence - Art. 3 | Removal and Retention - Arts 3 and 12 | Settlement of the Child - Art. 12(2) | Interpretation of the Convention

Appeal dismissed, return ordered

Wrongful retention of a girl when she was 4 years old – Guatemalan and American – separated parents – the girl was born in the United States, as proved by her birth certificate – the Central Authority of Guatemala filed the return request before court in Quetzaltenango, Guatemala – appeal dismissed, return ordered – main issues: habitual residence; removal and retention; settlement of the child; interpretation of the Convention – the habitual residence of the child before the wrongful retention was in the United States, as evidenced by her birth certificate and medical records – the wrongful retention took place when the father did not return her to the United States on the agreed date after her holiday with the grandparents, to which the mother had consented – the immediate return ought to be ordered since the child had spent less than a year in the requested State – the HCCH Convention on Child Abduction does not require the conduction of socioeconomical or psychological studies on the parents in order to make a decision on return

Removal and Retention - Arts 3 and 12 |

Appeal dismissed, return ordered

one child wrongfully retained between age 4 and 5– National of unknown –unmarried parents – Father national of unknown – Mother national of unknown – Shared parental responsibility – Child lived in Portugal until 10 March 2017 – Application for return filed with the courts of Switzerland on 23 April 2018 – Return ordered – Main issue: Removal and Retention – The father could not prove that the mother had given her consent for the child to remain in Switzerland and the mother filed an appeal within the one year period set out in Article 12.

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

Return ordered

Removal wrongful ad return ordered; the children had not settled in their new environment and the objectives of the older children were not of the requisite standard to justify a non-return order being made.

Habitual Residence - Art. 3 | Settlement of the Child - Art. 12(2)

Appeal allowed, return refused

Appeal allowed and return refused; the retention was wrongful but the child was now settled in her new environment.

Habitual Residence - Art. 3 | Acquiescence - Art. 13(1)(a) | Grave Risk - Art. 13(1)(b) | Settlement of the Child - Art. 12(2) | Jurisdiction Issues - Art. 16 | Brussels IIa Regulation (Council Regulation (EC) No 2201/2003 of 27 November 2003)

Return refused

Removal wrongful but return refused; the child was settled in his new environment and the Court exercised its discretion not to order his return.

Habitual Residence - Art. 3 | Grave Risk - Art. 13(1)(b) | Best Interests of the Child | Settlement of the Child - Art. 12(2) | Procedural Matters

Appeal dismissed, return ordered

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

Appeal dismissed, return ordered

1 child wrongfully removed aged less than one year old - Unmarried parents - Joint custody - Child lived in Greece until May 2010 - Application for return filed in April 2011 - Return ordered - Main issues: Settlement of the child, Art. 13(1)(b) grave risk exception to return, procedural matters - Art. 12(2) of the 1980 Hague Child Abduction Convention only applies where return proceedings have been commenced after a period of more than one year has elapsed since the date of the wrongful removal