Procedural Matters | Interpretation of the Convention
3 16 17
The court ordered that the English Central Authority inform the Spanish Central Authority of the facts of the case and that the father be advised of his rights under the Convention.
Aims of the Convention - Preamble, Arts 1 and 2 | Habitual Residence - Art. 3 | Acquiescence - Art. 13(1)(a) | Grave Risk - Art. 13(1)(b)
Return ordered
3 13(1)(a) 13(1)(b) 13(2) 17 19
Removal wrongful and return ordered; the children were habitually resident in the United States at the relevant date, and the standard required under Articles 13(1)(a) and 13(1)(b) had not been met.
Rights of Custody - Art. 3 | Consent - Art. 13(1)(a) | Acquiescence - Art. 13(1)(a) | Grave Risk - Art. 13(1)(b) | Procedural Matters | Brussels IIa Regulation (Council Regulation (EC) No 2201/2003 of 27 November 2003)
Appeal dismissed, return ordered
3 12 13(1)(b) 17
Removal and Retention - Arts 3 and 12 | Rights of Custody - Art. 3 | Objections of the Child to a Return - Art. 13(2) | Procedural Matters |
Appeal allowed, return ordered
11 16 17
Wrongful retention of two children, a boy aged 4 and a girl aged 6 – Nationals of the United States, Costa Rica and El Salvador – The children resided in Lourdes de San Vito de Coto Crus, Puntarenas, Costa Rica at the moment of the removal to El Salvador – The return application was submitted before the Central Authority of the Republic of El Salvador – Appeal allowed, return ordered – Main issues: removal and retention, rights of custody, objections of the child to a return, procedural issues – The habitual residence of the children before the removal was in Costa Rica – The children were wrongfully retained by their mother in El Salvador because they did not return to Costa Rica after a month of vacation as agreed– Both parents had rights of custody – The hearing process of the children and the taking of their opinions into consideration were not carried out properly – The debate over the merits of the rights of custody unnecessarily delayed the return proceeding, in contravention of the nature and purpose of the Convention.
