Case Law Search

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

Appeal dismissed, return refused

1 child allegedly wrongfully retained at age 13 – National of Brazil – Divorced parents– Father national of Brazil – Mother national of Brazil – Joint right to determine the residence of the child. Father has custody. – Child lived in Brazil until 31 October 2014 – Application for return filed with the Courts of Switzerland on 28 April 2016 – Return refused – Main issue: Objections of the Child to a Return – Child was mature enough for its opinion to be taken into consideration which constituted a reason to refuse the return based on Article 13(2).

Habitual Residence - Art. 3 | Rights of Custody - Art. 3 | Grave Risk - Art. 13(1)(b)

Appeal dismissed, return ordered

The mother’s complaint appeal (Beschwerde) was rejected and the order for return was maintained with the specification that the child was to be returned to Spain but not necessarily to Madrid.

Habitual Residence - Art. 3

Appeal dismissed, return refused

Appeal dismissed, the child was habitually resident in Canada. 

Consent - Art. 13(1)(a) | Grave Risk - Art. 13(1)(b) | Objections of the Child to a Return - Art. 13(2) | Brussels IIa Regulation (Council Regulation (EC) No 2201/2003 of 27 November 2003)

Return refused

Removal wrongful but return refused; Article 13(2) had been proved to the standard required under the 1980 Hague Child Abduction Convention.

Habitual Residence - Art. 3 | Grave Risk - Art. 13(1)(b) | Human Rights - Art. 20

Return refused

Removal wrongful but return refused; Article 13(1)(b) had been proved to the standard required under the Convention.

Removal and Retention - Arts 3 and 12 | Grave Risk - Art. 13(1)(b) | Undertakings | Objections of the Child to a Return - Art. 13(2) | Human Rights - Art. 20

Appeal dismissed, return ordered

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

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

Appeal dismissed, return ordered

Appeal dismissed; the retention was wrongful and the grounds for exception under the Convention were not applicable.

Habitual Residence - Art. 3 | Removal and Retention - Arts 3 and 12

Appeal dismissed, application dismissed

Appeal dismissed and application dismissed; there was no retention of the child.

Habitual Residence - Art. 3 | Consent - Art. 13(1)(a)

Application dismissed

Application dismissed; the child was not habitually resident in the United States.

Habitual Residence - Art. 3

Appeal dismissed, application dismissed

Appeal dismissed and application dismissed; the children were habitually resident in the United States of America at the date of the alleged wrongful retention.

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

Appeal allowed, return ordered

Two children wrongfully removed at ages nine and four – Nationals of Macedonia – Married parents – Father national of Macedonia – Mother national of Macedonia – Joint parental custody – Children lived in Austria until 28 July 2018 – Application for return filed with the Central Authority of Austria 5 September 2018 – Return ordered – Main issues: Effective exercise of custody and grave risk – Article 3(1)(b) must be read in the light with the Convention's concern that the original condition should be established; there is a presumption that the holder of custody has fulfilled his obligations; the grounds for exclusion are to be interpreted narrowly and only real dangers are to be taken into account in the case of Article 13(1)(b).

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) | Jurisdiction Issues - Art. 16 | Procedural Matters

Appeal allowed, return ordered

Appeal allowed, return ordered. The removal was wrongful and no exception raised was applicable.

Rights of Custody - Art. 3

Appeal dismissed, return ordered

One child wrongfully retained at age 8 – National of Chile – Unmarried parents – Father national of Chile – Mother national of Chile – Agreement that the “cuidado personal” is solely attributed to the mother, but in fact it is exercised by both – Child lived in Chile until 14 August 2017 – Application for return filed with the courts of Switzerland on 19 September 2018 – Return ordered – Main issue: Rights of custody – Even though formally they agreed that the mother has the sole “cuidado personal” in fact both of the parents exercise it and therefore after the agreed date of return to Chile the retention was wrongful.

Acquiescence - Art. 13(1)(a)

Appeal dismissed, return refused

One child wrongfully retained at age 3 – National of United Kingdom and Switzerland – Married parents – Father national of United Kingdom and Turkey – Mother national of Switzerland and Turkey – Joint parental responsibility – Child lived in the United Kingdom until 7 August 2020 – Application for return filed with the courts of Switzerland on 12 April 2021 – Return refused – Main issue: Acquiescence/Consent Art.13(1)(a)] –Father’s behaviour deemed acquiescence, namely signing a residence registration, bringing child’s personal effects, transferring money, signing a divorce agreement accepting Switzerland as the place of jurisdiction.

Rights of Custody - Art. 3

Appeal dismissed, return refused

Two children retained in Japan ― United States nationals born in 2009 and 2012 ― Married parents living in the United States ― Father and mother nationals of the United States ― Father and children travelled to Japan from November 2018 and resided there from 2019 ― Mother visited father and children in Japan several times but did not relocate there ― Mother and fathers’ relationship deteriorated and father retained children in Japan from November 2019 ― Father instituted in-court conciliation to obtain sole custody before the Japanese courts in January 2020 ― Mother sought return of the children in the Japanese courts in February 2020 ― Japanese courts dismissed the claim as children were habitually resident in Japan ― Habitual residence determined on the grounds of the children’s close connection and integration into their social and family environment ― Limited role of the parents’ intentions in determining habitual residence ― Main issue: Habitual residence.

Removal and Retention - Arts 3 and 12 | Consent - Art. 13(1)(a)

Return ordered

The court held that the child had been wrongfully retained in Canada and ordered her return to New Zealand.

Rights of Custody - Art. 3 | Removal and Retention - Arts 3 and 12

Appeal dismissed, return ordered

Appeal dismissed, return ordered despite a pending asylum application.

Habitual Residence - Art. 3

Return ordered

Return ordered; the removal was wrongful as the child was habitually resident in Ireland on the relevant date.

Habitual Residence - Art. 3 | Grave Risk - Art. 13(1)(b)

Return ordered

Return ordered; the retention was wrongful as the child retained his habitual residence in Israel on the relevant date.

Habitual Residence - Art. 3

Appeal allowed, application dismissed

Appeal allowed and application dismissed; the removal was not wrongful as the child was not habitually resident in the Netherlands on the relevant date.