Rights of Custody - Art. 3
Case remitted to lower court
3 13(1)(a) 13(1)(b)
1 child allegedly wrongfully removed - Married parents - Father national of Italy - Mother national of Italy - Joint custody - Child lived in Belgium until February 2014 - Return refused - Main issues: Rights of custody - A removal cannot be considered wrongful if it did not breach custody rights that were actually exercised at the time of the removal
Grave Risk - Art. 13(1)(b) | Procedural Matters
Appeal dismissed, return ordered
13(1)(b) 26
1 child wrongfully removed at age 7 – National of France – Married parents – Father national of France – Mother national of France – Child lived in Morocco until February 2011 – Application for return filed with the Central Authority of Morocco in March 2011 – Application dismissed – Main issues: Art. 13(1)(b) grave risk exception, costs – It is up to the parent who alleges an exception to return under Art. 13 of the 1980 Hague Child Abduction Convention to prove that the conditions for non-return have been met – In accordance with Art. 26 of the Convention, the parent who wrongfully removed the child can be ordered to pay for the costs of the return proceedings
Grave Risk - Art. 13(1)(b) | Undertakings | Non-Convention Issues
Return ordered
13(1)(b)
Return ordered with undertakings and protective measures.
