Rights of Custody - Art. 3 | Article 15 Decision or Determination
Article 15 declaration granted
15
Article 15 declaration granted; both the English courts and the applicant father held rights of custody in respect of the child at the moment of the child's removal.
Removal and Retention - Arts 3 and 12
Application dismissed
3 15
Application dismissed; the removal was not wrongful.
Rights of Custody - Art. 3
Appeal dismissed, return ordered
3 5 15
2 children wrongfully removed at ages 5 and 6 – Unmarried parents – After separation the mother obtained an ex parte interim order granting her sole custody – Children lived in Canada until July 2011 – Application for return filed with the Central Authority of Germany on 15 June 2012 - British Columbia Supreme Court issued a decision / declaration under Art. 15 of the 1980 Hague Child Abduction Convention that the removal was wrongful on 9 July 2012 - Return ordered by the German Court of Schleswig on 23 July 2012 – Main issue: rights of custody – While a final determination of custody has yet to be made but custody has been awarded on an interim basis, the court retains rights of custody within the meaning of the Convention – This principle is not affected by the absence of a non-removal clause in an interim order
Human Rights - Art. 20
3 5 12 13(1)(b) 14 15 12(2) 12(1)
Appeal inadmissible for being manifestly unfounded. None of Arts. 3, 12, 13(1)(b) and 14 is inconsistent with the German Constitution, and neither their interpretation nor their application by the Court of Appeal was inconsistent with the Constitution.
Appeal allowed; article 15 declaration granted. The applicant father was considered to hold rights of custody under New Zealand law.
