Rights of Custody - Art. 3 | Removal and Retention - Arts 3 and 12 | Grave Risk - Art. 13(1)(b) | Undertakings
Return ordered with undertakings offered
3 4 5 12 13(1)(a) 13(1)(b) 16
3 children wrongfully removed at age 7 – Father national of the United Kingdom and Canada – Mother national of the United Kingdom and Canada – Both parents had rights of custody under the law of Scotland – Children lived in the United Kingdom until August 2009 – Application for return filed with the Central Authority of the Scotland on 20 October 2009 – Return ordered – Main issue(s): Rights of custody – Art. 3 – Father had rights of custody under the law of Scotland; there was no court order restricting his rights as a parent – Removal & Retention – Arts 3 and 12 – Children wrongfully removed, in breach of the father’s custody rights and without his consent. The father was exercising his rights despite the child protection investigation – Grave Risk – Art. 13(1)(b) –There is no grave risk. Social service agencies and court in Scotland will protect the children upon their return – Undertakings – Undertakings imposed to assist the return and to protect the children in the transitional period before the court in Scotland takes over.
Consent - Art. 13(1)(a) | Acquiescence - Art. 13(1)(a) | Grave Risk - Art. 13(1)(b) | Undertakings
Return ordered subject to undertakings
13(1)(a) 13(1)(b)
Removal wrongful and return ordered; the Article 13(1)(b) defence had not been proved to the standard required under the Convention.
Habitual Residence - Art. 3 | Consent - Art. 13(1)(a)
Appeal dismissed, return ordered
3 13(1)(a)
Appeal dismissed and return ordered; the retention was wrongful, the child having retained her habitual residence in Mexico and none of the exceptions was applicable.
