Habitual Residence - Art. 3 | Grave Risk - Art. 13(1)(b)
Appeal dismissed, return ordered
3 13(1)(b)
Appeal dismissed and return ordered; the retention was wrongful, the child being habitually resident in Canada at the relevant date.
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.
