Case Law Search

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

Appeal allowed, return ordered

Return ordered; the "grave risk of harm" exception had not been established.

European Convention on Human Rights (ECHR)

ECrtHR - Violation of Article 8 ECHR, award of damages

European Court of Human Rights held, by 5 votes to 2, that there had been a violation of Article 8 (right to respect for private and family life) of the European Convention on Human Rights.

In 1980 Hague Convention proceedings national authorities were required to examine whether it would be appropriate to hear the child as part of their decision making.

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

Appeal dismissed, return refused

Appeal dismissed, removal wrongful but return refused; the standard of harm required under Article 13(1)(b) had been made out.

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

Challenge to legality dismissed; the child's objections satisfied the standard required under Article 13(2) of the Convention.

Aims of the Convention - Preamble, Arts 1 and 2 | Settlement of the Child - Art. 12(2) | Acquiescence - Art. 13(1)(a) | Grave Risk - Art. 13(1)(b) | Objections of the Child to a Return - Art. 13(2)

Case remitted to lower court

Wrongful retention of a child when she was 5 years old - US national - parents married - father US national - mother Colombian national - both parents had custody rights under the Convention - child lived in the US until 19 December 2015 - return application was filed before the US Central Authority on 13 June 2016 - lower court was ordered to make a new judgment in the international return proceedings, taking into account the child's views - main issues: aims of the Convention - Preamble, settlement of the child, acquiescense, art. 13(1)(b) grave risk exception, child's objections to return – the best interests of the child is to be returned to his or her center of life without delay, unless one of the grounds of exception is proven - assessment of the child's settlement is appropriate only if one year has elapsed between the wrongful conduct and the date of filing of the international return application - the grave risk must be greater than the natural hardship that may result from a change of his or her residence or the dislocation of the current living group - the decision on the application of the exception of Art. 13(2) requires consideration of the voice of the child who is of sufficient age and maturity.

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

Appeal dismissed, return refused

Wrongful removal of a child when he was 7 years old - Argentine - Unmarried parents - Paraguayan mother - The child lived in Paraguay from December 2016 to October 2017 – Return to Paraguay refused – Main issues: habitual residence, objections of the child to a return, best interests of the child – The Supreme Court of Buenos Aires held that the child’s habitual residence was in Paraguay, and found that the removal to Argentina was  wrongful since it breached the mother’s rights of custody under the Paraguayan law – The court considered that the child´s objection to return was established since the child expressed at all stages of the proceedings his complete refusal to return to Paraguay, alleging mistreatment by classmates and relatives.

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

Appeal allowed, return refused

Appeal was allowed and the decisions of the first instance and the Appellate Court were annulled. Although the removal was considered wrongful, the Court held that the return should be refused under the terms of Articles 13 (1)(b) and 20 of the Hague Child Abduction Convention.

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

Proceedings dismissed and costs awarded against the children's litigation guardian.

Aims of the Convention - Preamble, Arts 1 and 2 | Rights of Custody - Art. 3 | Procedural Matters | Interpretation of the Convention

Appeal dismissed, return ordered

The court found that the Convention was not applicable to the case but dismissed the appeal on the basis that the child's interests were best served by a return to the United States.

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

Appeal dismissed, return refused

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

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

Return refused

Return refused. 

Rights of Custody - Art. 3 | Settlement of the Child - Art. 12(2) | Acquiescence - Art. 13(1)(a) | Grave Risk - Art. 13(1)(b) | Objections of the Child to a Return - Art. 13(2) | Human Rights - Art. 20 | Issues Relating to Return

Return refused

Return refused. The father did not have rights of custody within the meaning of Article 3.