Case Law Search

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

Return ordered

Return ordered; a grave risk of harm pursuant to Art 13(1)(b) had not been established to the level required under the Convention.

Removal and Retention - Arts 3 and 12 | Grave Risk - Art. 13(1)(b) | Settlement of the Child - Art. 12(2) | Procedural Matters

Return refused

Retention wrongful but return refused: Article 13(1)(b) had been established. A return to Lithuania would expose the child to an intolerable situation given his settlement in the United Kingdom.

Aims of the Convention - Preamble, Arts 1 and 2 | Grave Risk - Art. 13(1)(b) | Undertakings | Human Rights - Art. 20 | Procedural Matters

Appeal dismissed, return refused

Appeal dismissed and return refused; the retention was wrongful, but the child would face a grave risk of harm if returned.

One child wrongfully removed at age 1 – National of Israel – Married parents  – Mother national of Russia – Joint custody rights – Child lived in Israel until August 1996 – Application for return filed in October 1998 – Return refused – Main issue(s): Article 13(1)(b) – there was a grave risk of psychological harm to the child, severe enough to invoke Article 13(1)(b), even though its cause is mostly related to the threat to the mother.

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

Appeal allowed, return ordered

2 children wrongfully removed at ages 3 and 2 - Nationals of Switzerland and the United Kingdom - Divorced parents - Father national of the United Kingdom - Mother national of Switzerland - Joint rights of custody; the father had supervised access rights while the mother effectively exercised custody - Repeated incidents of domestic violence were known to the social services - Children lived in the United Kingdom (England and Wales) until 25 March 2016 - Application for return filed with the first instance court in Switzerland on 5 September 2016 - Return ordered - Main issues: exceptions to ordering return - The exceptions to return should be interpreted restrictively - The determination whether ordering return would place the child in an intolerable situation, within the meaning of Art. 13(1)(b) of the 1980 Child Abduction Hague Convention, may only be made in respect of the child, and not the taking parent -  Return must be ordered if the actual cause of the risk of placing the child in an intolerable situation upon return is an unfounded refusal of the taking parent to return with the child - The taking parent may stay in an area far from the left-behind parent's place of residence upon return to the requesting State, in order to preserve the stability that was gained by geographic separation from the left-behind parent

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

Appeal dismissed, return ordered

The child’s mother’s application for an interlocutory order was rejected. The court ruled that it was not able to find any evidence that there would be grave consequences for the child if the order of the Higher Regional Court were enforced.

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

Leave to appeal refused and non return order therefore confirmed; the trial judge had been entitled to accept the objections of the two older children and to exercise her discretion not to return any of the children.

Habitual Residence - Art. 3 | Rights of Custody - Art. 3 | Grave Risk - Art. 13(1)(b) | Issues Relating to Return | Procedural Matters

Rights of Custody - Art. 3 | Grave Risk - Art. 13(1)(b) | Undertakings

Appeal allowed, return ordered

Appeal allowed, return ordered. The retention was wrongful and none of the exceptions applied. 

Rights of Custody - Art. 3 | Grave Risk - Art. 13(1)(b) | Brussels IIa Regulation (Council Regulation (EC) No 2201/2003 of 27 November 2003)

Appeal dismissed, return refused

Appeal dismissed and return refused. The abduction was wrongful but there was a grave risk that ordering a return would expose the child to harm. It had not been established that the Hungarian authorities could ensure the protection of the child.

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

Appeal dismissed, return refused

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

Appeal allowed, return ordered

Appeal allowed, return ordered. The Hague Convention, as complemented by the Brussels II a Regulation imposed the return of the children to Spain, considering that adequate protection measures had been taken.

Habitual Residence - Art. 3 | Grave Risk - Art. 13(1)(b) | Objections of the Child to a Return - Art. 13(2) | Procedural Matters

Return ordered

Retention wrongful and return ordered; the child was habitually resident in Argentina on the relevant date and none of the exceptions had been established to the standard required under Article 13.

Acquiescence - Art. 13(1)(a) | Grave Risk - Art. 13(1)(b) | Jurisdiction Issues - Art. 16 | Procedural Matters

Removal wrongful; however Convention proceedings adjourned pending determination of substantive custody proceedings in the State of the child's habitual residence.

European Convention on Human Rights (ECHR)

By a 4:3 majority: No infringement of Article 8 of the European Convention on Human Rights.

Habitual Residence - Art. 3 | Removal and Retention - Arts 3 and 12 | Acquiescence - Art. 13(1)(a) | Grave Risk - Art. 13(1)(b) | Procedural Matters

Appeal dismissed; the Court of Appeal had rightly found the children's retention to be wrongful and the exceptions inapplicable.

Rights of Custody - Art. 3 | Grave Risk - Art. 13(1)(b) | Procedural Matters

Appeal allowed, return ordered

Appeal allowed, return ordered. The removal was wrongful and the exception asserted inapplicable.

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

Appeal dismissed, return ordered

Appeal dismissed, return ordered. The removal was wrongful and none of the conditions asserted was applicable.

Habitual Residence - Art. 3 | Rights of Custody - Art. 3 | Settlement of the Child - Art. 12(2) | Procedural Matters

Return ordered

Retention wrongful and return ordered; none of the exceptions under the 1980 Hague Child Abduction Convention had been established.

Issues Relating to Return | Procedural Matters

Principal appeal inadmissible. The father was concealing his real address, thereby nullifying his appeal.