Case Law Search

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

Return refused

1 child wrongfully retained at age 5 – National of Croatia and Germany – Married parents– Father national of Croatia and Germany – Mother national of Croatia – Joint parental responsibility  according to the German Civil Code – Child lived in Germany until December 2015 – Application for return filed with the Central Authority of Croatia on 22 March 2016 – Application for return filed with the courts of Croatia on 30 May 2016 – Return refused – Main issues: Art. 13(1)(b) grave risk exception to return, Objections of the Child to a Return, Procedural matters  – The Court refused the request for return of the child under Art. 13(1)(b) of the 1980 Hague Child Abduction Convention.

Objections of the Child to a Return - Art. 13(2)

Case remitted to lower court

1 child wrongfully removed at age 13 - Divorced parents - Shared custody - Child lived in the United States until June 2012 - Return application filed with the Central Authority of the United States - Case remitted to a lower court for substantive determination - Main issues: objections of the child to return, Art 13(1) (b) grave risk exception to return - The child’s objection to return should be assessed independently of other exceptions to return, and may constitute sufficient grounds for a refusal to order return of the child

Habitual Residence - Art. 3 | Rights of Custody - Art. 3 | Objections of the Child to a Return - Art. 13(2) | Settlement of the Child - Art. 12(2) | Best Interests of the Child

Return refused

Return refused based on the elder child's objections, the fact that the children were now settled in the USA and the grave risk of harm should they be returned to Mexico.

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

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

European Convention on Human Rights (ECHR) | Procedural Matters

Grave Risk - Art. 13(1)(b) | Procedural Matters

Appeal dismissed, return ordered

Appeal dismissed and return ordered; the District Court had not erred in deciding the case on the basis of the pleadings as elucidated by the parties' arguments at the preliminary hearing; the removal was wrongful and the Article 13(1)(b) exception had not been established.

Grave Risk - Art. 13(1)(b) | Procedural Matters

Appeal allowed and case remitted to the District Court; in a majority ruling it was found that the evidentiary hearing before the District Court had been inadequate, in that the trial judge had failed to make findings of fact on key issues and had failed to allow psychological evidence.

Aims of the Convention - Preamble, Arts 1 and 2 | Procedural Matters

Judgment vacated and case remanded to the United States Court of Appeals for the Eleventh Circuit for further proceedings; the return of the child to Scotland did not render the case moot; there was a live dispute between the parties over where the child should be raised, and a possibility of effectual relief for the prevailing parent.

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

Removal and Retention - Arts 3 and 12 | 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) | Procedural Matters

Appeal dismissed, return ordered

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

Appeal allowed, return ordered

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

Return refused

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

Return ordered

Retention wrongful and return ordered; none of the exceptions had been established.

Grave Risk - Art. 13(1)(b) | Settlement of the Child - Art. 12(2) | Issues Relating to Return

Appeal dismissed and return ordered; the removal was wrongful and none of the exceptions had been established.

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

Appeal dismissed, return ordered with undertakings offered

Appeal dismissed and return ordered with undertakings offered; the standard required under Article 13(1)(b) to indicate that the child would face a grave risk of harm had not been met.

Grave Risk - Art. 13(1)(b) | Human Rights - Art. 20 | Procedural Matters

Return ordered

Retention wrongful and return ordered; the standard required under Article 13(1)(b) to indicate that the children would face an intolerable situation had not been met.

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

Return ordered with undertakings offered

Return ordered; the standard required under Articles 13(1)(b) and 13(2) had not been met.

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

Challenge to legality dismissed; the standard required to show the child would face a grave risk of psychological harm under Article 13(1)(b) had been met and the return was therefore refused.

Rights of Custody - Art. 3 | Undertakings | Objections of the Child to a Return - Art. 13(2) | Procedural Matters

Return refused

Return refused; the High Court exercised its discretion under Article 13 not to order the return of the children; grave risk of an intolerable situation and objections of the elder child both being established.