Case Law Search

Rights of Custody - Art. 3 | Grave Risk - Art. 13(1)(b) | Procedural Matters

Appeal allowed, return ordered

Appeal allowed, return ordered. The removal was wrongful and the exception asserted inapplicable.

Issues Relating to Return | Procedural Matters

Principal appeal inadmissible. The father was concealing his real address, thereby nullifying his appeal.

Aims of the Convention - Preamble, Arts 1 and 2 | Habitual Residence - Art. 3 | Acquiescence - Art. 13(1)(a) | Legal Doctrine

Appeal dismissed, return ordered

Appeal dismissed, return upheld. The removal was wrongful and none of the exceptions raised was applicable.

Habitual Residence - Art. 3 | Procedural Matters

Appeal dismissed, return refused

Appeal dismissed; the child had not had a habitual residence in Greece.

Habitual Residence - Art. 3 | Rights of Custody - Art. 3 | Jurisdiction Issues - Art. 16

Return ordered

Wrongful removal of a 12-year old child – Custody rights were exercised by the child’s aunt and her husband – The child lived in Costa Rica since he was 2 years old until February 2019 – Return ordered – Main Issues: habitual residence; rights of custody; jurisdiction issues – The habitual residence of the child is where his centre of life is, irrespective of the child’s nationality – Even though the mother had parental authority over the child, the rights of custody were exercised by the child’s aunt and her husband, and thus removal was wrongful – Return proceedings are not aimed at determining the parent’s ability to take care of and raise the child.

Rights of Custody - Art. 3 | Grave Risk - Art. 13(1)(b) | Procedural Matters

Return ordered

Return ordered; the removal was wrongful and Article 13(1)(b) was not proved to the standard required under the Convention.

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

Appeal dismissed, return ordered

Appeal dismissed and return ordered; the removal was wrongful and none of the exceptions had been proved to the standard required under the Convention.

Consent - Art. 13(1)(a) | Procedural Matters

Appeal dismissed, return ordered

Appeal dismissed and return ordered; Article 13(1)(a) had not been proved to the standard required under the Convention.

Rights of Custody - Art. 3 | Consent - Art. 13(1)(a) | Grave Risk - Art. 13(1)(b) | Procedural Matters

Return ordered

Returned ordered; neither Article 13(1)(a) nor Article 13(1)(a) had been proved to the standard required under the Convention.

Grave Risk - Art. 13(1)(b) | Settlement of the Child - Art. 12(2) | Procedural Matters

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

Appeal allowed, return ordered

Appeal allowed and return ordered. The retention was wrongful and none of the exceptions raised was applicable.

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

Appeal dismissed, return ordered

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

Return ordered

Two children wrongfully removed - Children lived in Poland until their removal to Canada – Return ordered – Main issue: COVID-19 delay to return due to travel restrictions – a date was set for the return to Poland accompanied by an order to account for the possibility that travel would be further delayed until August 2020. 

Issues Relating to Return | Procedural Matters

Appeal dismissed; the application for the child's independent representation was manifestly groundless and the mother failed to assert any genuinely new circumstance.

Procedural Matters

Rights of Custody - Art. 3 | Acquiescence - Art. 13(1)(a) | Grave Risk - Art. 13(1)(b) | Procedural Matters

Appeal dismissed, return ordered

Appeal dismissed insofar as it was admissible. In particular, the mother had failed to prove the existence of acquiescence or a grave risk of danger.

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

Appeal dismissed, return ordered

Appeal dismissed, return ordered. The removal was wrongful and none of the exceptions invoked was applicable.

Procedural Matters

An order for costs could be made against an applicant in Convention proceedings, although this should only happen in exceptional cases. In the instant case an order would be made because the mother had acted unreasonably in her pursuit of a return order, which she was ultimately advised to withdraw.

Acquiescence - Art. 13(1)(a) | Grave Risk - Art. 13(1)(b) | Objections of the Child to a Return - Art. 13(2) | Settlement of the Child - Art. 12(2)

Return ordered

Issues Relating to Return | Procedural Matters

Appeal allowed and partially founded. The child's return to Germany was ordered.