Non-Convention Issues
Return refused
12 13(1)(b) 20
The return of the child was barred as a consequence of his pending asylum appeal.
Issues Relating to Return | Grave Risk - Art. 13(1)(b)
Appeal allowed, return refused
3 11 13(1)(a) 13(1)(b)
2 children allegedly wrongfully removed at ages 4 and 7 – Nationals of the United States of America – Parents pending divorce – Father national of USA – Mother national of USA, UK and Ireland – Parents were still married at the time of mother’s wrongful retention – Children lived in Illinois, USA (until 8 June 2022) – Application for return filed with the courts of Illinois, USA on 2 September 2022 – Return ordered 28 February 2023 – Main issues: Where there is a grave risk of harm to the children under Article 13(1)(b) the analysis of protective measures should not be limited to the measures available but should also consider whether these measures would be effective in the specific circumstances.
Removal and Retention - Arts 3 and 12 | Grave Risk - Art. 13(1)(b)
3 13(1)(b)
Return refused.
European Convention on Human Rights (ECHR)
13(1)(b) 12(2)
Application inadmissible; all elements of the complaints were found to be manifestly ill-founded.
Removal and Retention - Arts 3 and 12 | Grave Risk - Art. 13(1)(b) | Undertakings | Objections of the Child to a Return - Art. 13(2) | Role of the Central Authorities - Arts 6 - 10 | Procedural Matters
Return ordered with undertakings offered
13(1)(b) 13(2)
Retention wrongful and return ordered; none of the exceptions was upheld.
Grave Risk - Art. 13(1)(b) | Settlement of the Child - Art. 12(2)
Return ordered
12 13(1)(b)
Return ordered.
Removal and Retention - Arts 3 and 12 | Grave Risk - Art. 13(1)(b) | Objections of the Child to a Return - Art. 13(2) | Procedural Matters
Appeal dismissed, return ordered
3 12 13(1)(b) 13(2)
Appeal dismissed, return ordered. The removal was wrongful and the exceptions inapplicable.
Habitual Residence - Art. 3 | Consent - Art. 13(1)(a) | Acquiescence - Art. 13(1)(a) | Grave Risk - Art. 13(1)(b) | Objections of the Child to a Return - Art. 13(2)
3 13(1)(a) 13(1)(b) 13(2)
Appeal allowed and case remitted to trial court; determination to be made as to what undertakings, if any, would be sufficient to ensure the safety of the children upon their return to Mexico pending the outcome of custody proceedings.
Grave Risk - Art. 13(1)(b) | Undertakings | Procedural Matters
Appeal allowed, return ordered
13(1)(b)
Appeal allowed and return ordered; the removal was wrongful and the standard required under Art 13(1)(b) had not been met.
Grave Risk - Art. 13(1)(b)
Case remitted to lower court
A court is not categorically required to examine all possible ameliorative measures before denying a Hague Convention petition for return of a child to a foreign country once the court has found that return would expose the child to a grave risk of harm.
Case remanded to District Court to determine whether the measures considered are adequate to order return in light of the District Court’s factual findings concerning the risk to the child, bearing in mind that the Convention sets as a primary goal the safety of the child.
Removal and Retention - Arts 3 and 12 | Grave Risk - Art. 13(1)(b) | Procedural Matters
3 12 13(1)(b)
Habitual Residence - Art. 3 | Grave Risk - Art. 13(1)(b)
Appeal dismissed and return ordered; the retention was wrongful, the child being habitually resident in Canada at the relevant date.
Grave Risk - Art. 13(1)(b) | Undertakings | Objections of the Child to a Return - Art. 13(2) | Brussels IIa Regulation (Council Regulation (EC) No 2201/2003 of 27 November 2003)
1 13(1)(b)
Removal wrongful and return ordered; Article 13(1)(b) had not been proved to the standard required under the Convention.
