Rights of Custody - Art. 3 | Grave Risk - Art. 13(1)(b) | Procedural Matters
1 3 5 13(1)(b)
Appeal inadmissible; the appellant failed to assert any plea raising a substantial issue.
Grave Risk - Art. 13(1)(b) | Settlement of the Child - Art. 12(2) | Procedural Matters
Appeal dismissed, return ordered
3 13(1)(b) 12(2)
1 child wrongfully removed aged less than one year old - Unmarried parents - Joint custody - Child lived in Greece until May 2010 - Application for return filed in April 2011 - Return ordered - Main issues: Settlement of the child, Art. 13(1)(b) grave risk exception to return, procedural matters - Art. 12(2) of the 1980 Hague Child Abduction Convention only applies where return proceedings have been commenced after a period of more than one year has elapsed since the date of the wrongful removal
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
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
Non-Convention Issues | Best Interests of the Child
13(1)(b)
Habitual Residence - Art. 3 | Grave Risk - Art. 13(1)(b) | Best Interests of the Child | Settlement of the Child - Art. 12(2) | Procedural Matters
Rights of Custody - Art. 3 | Grave Risk - Art. 13(1)(b) | Best Interests of the Child | Procedural Matters | Interpretation of the Convention
Appeal dismissed, return refused
3 13(1)(b) 19
Grave Risk - Art. 13(1)(b) | Objections of the Child to a Return - Art. 13(2) | Jurisdiction Issues - Art. 16 | Best Interests of the Child
Appeal allowed, return ordered
2 13(1)(b) 13(2)
Grave Risk - Art. 13(1)(b)
Grave Risk - Art. 13(1)(b) | Objections of the Child to a Return - Art. 13(2) | Procedural Matters
Guidance on the application of the Convention issued
13(1)(b) 13(2)
