Case Law Search

Objections of the Child to a Return - Art. 13(2) | Grave Risk - Art. 13(1)(b)

Appeal dismissed, return refused

This is the first and so far the only Supreme Court decision which modified a final and binding return order due to a change in circumstances under the Hague Convention Implementation Act. It is seen as a highly exceptional case.

4 children (2 sets of twins) wrongfully retained in Japan ― Children lived in the United States until July 2014, when the elder twins were 11 years and 7 months old and the younger twins 6 years and 5 months old ― Married parents ― Father national of the United States ― Mother national of Japan ― Order for the return of all children became final and binding in January 2016 ― The Supreme Court upheld the Osaka High Court decision modifying the return order due to change in circumstances and dismissed the petition for the return of the children ― Main issues: Grounds for refusal of a return order ― The elder twins’ objection to being returned ― A grave risk of placing the younger twins in an intolerable situation by separating them from their siblings 

Grave Risk - Art. 13(1)(b) | Objections of the Child to a Return - Art. 13(2) | Procedural Matters

Appeal dismissed, return ordered

Appeal rejected, return ordered. The retention was considered wrongful and the mother's allegation of grave risk upon return to the United States of America was not found to be proved.

Habitual Residence - Art. 3 | Consent - Art. 13(1)(a) | Jurisdiction Issues - Art. 16

Appeal allowed, return refused

Appeal allowed and return refused; regard had to be paid to the terms of the provisional order of the Czech District Court permitting the children to live with the mother in Sweden.

Rights of Custody - Art. 3 | Grave Risk - Art. 13(1)(b) | Best Interests of the Child | Human Rights - Art. 20

Appeal allowed, return refused

Grave Risk - Art. 13(1)(b) | Objections of the Child to a Return - Art. 13(2) | Brussels IIa Regulation (Council Regulation (EC) No 2201/2003 of 27 November 2003)

Legal challenge dismissed; the retention was wrongful but decision to refuse to return the child on the basis of the Art. 13 exceptions upheld.

Habitual Residence - Art. 3 | Rights of Custody - Art. 3

Appeal dismissed, return refused

The father's appeal was dismissed; there was no reason to order the return of the child since he had been taken to the State of his habitual residence.

Grave Risk - Art. 13(1)(b) | Objections of the Child to a Return - Art. 13(2) | Procedural Matters

Interpretation of the Convention

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

Grave Risk - Art. 13(1)(b) | Procedural Matters

Appeal dismissed, return refused

Appeal dismissed and return refused; a grave risk of harm had been established to the standard required by Article 13(1)(b).

Issues Relating to Return

Appeal dismissed; the decision ordering return must be enforced. The father had not provided any new elements to justify not enforcing the return order.

Acquiescence - Art. 13(1)(a)

Aims of the Convention - Preamble, Arts 1 and 2 | Grave Risk - Art. 13(1)(b) | Undertakings | Procedural Matters

Appeal allowed and return ordered; Article 13(1)(b) had not been proved to the standard required under the 1980 Hague Child Abduction Convention.

Aims of the Convention - Preamble, Arts 1 and 2 | Settlement of the Child - Art. 12(2)

Appeal allowed, return refused

Appeal allowed and return refused; the removal was wrongful however it was determined that the child had become settled in her new environment in accordance with Article 12(2).

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

Return ordered

Return ordered; the retention was wrongful and neither Article 13(2) nor any of the other exceptions had been proved to the standard required under the Convention.

Rights of Custody - Art. 3

Challenge to legality upheld; the removal no longer infringed any custody rights.

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

Challenge to legality dismissed; Article 13(1)(b) had not been proved to the standard required under the Convention.

Grave Risk - Art. 13(1)(b) | Issues Relating to Return | Procedural Matters

Application allowed and partially founded. The child's return to Spain was ordered as the retention was wrongful and the grave risk exception invoked was not applicable.

Grave Risk - Art. 13(1)(b) | Procedural Matters

Appeal dismissed, ordering execution of the return order.

Grave Risk - Art. 13(1)(b) | Procedural Matters | Interpretation of the Convention