Case Law Search

Habitual Residence - Art. 3

Appeal allowed, return ordered

Two children wrongfully removed at age 1 – nationals of the Netherlands – married parents – father national of the Netherlands – mother national of the Netherlands – joint custody – children lived in Spain until 15 September 2018 - application for return filed with the court of the Hague on 16 November 2018 - return ordered – main issue: habitual residence, at any given time, a child can only have one place of habitual residence

Grave Risk - Art. 13(1)(b) | Non-Convention Issues

Return ordered

Return ordered.

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

Return refused

Return refused; the removal was wrongful but the children validly objected to their return.

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

Appeal allowed and case remitted to a different judge of the Ontario Court of Justice to re-determine the Article 13(1)(b) issues.

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

Appeal dismissed, return ordered

The complaint (Beschwerde) appeal lodged by the mother was refused, the child should be returned to the USA.

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

Appeal dismissed, return ordered

Appeal dismissed; none of the exceptions raised by the mother was applicable.

Return ordered

Two children wrongfully removed and retained – Children lived in the United States of America until November 2019 – Return ordered – Main issue: COVID-19 determination of urgency – Hague Convention abduction applications are urgent matters that should be dealt with, even during the suspension of regular court operation.

Habitual Residence - Art. 3 | Consent - Art. 13(1)(a) | Jurisdiction Issues - Art. 16

Appeal allowed, return refused

Appeal allowed and return refused; regard had to be paid to the terms of the provisional order of the Czech District Court permitting the children to live with the mother in Sweden.

Rights of Custody - Art. 3 | Rights of Access - Art. 21

Appeal inadmissible as it did not raise a sufficiently significant issue of law.

Habitual Residence - Art. 3 | Settlement of the Child - Art. 12(2)

Return ordered

Return ordered; the removal wrongful and the exception invoked, Article 12(2), was not applicable.

Habitual Residence - Art. 3

Application dismissed

Application dismissed; the removal was not wrongful as the child was habitually resident in Israel.

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

Application dismissed

Application dismissed. The child’s habitual residence was in the UK and so the retention was not wrongful.

Note that this decision was subsequently overturned on appeal in Re F (A Child) (Habitual Residence) [2025] EWCA Civ 911, INCADAT Case Number: 1619.

Grave Risk - Art. 13(1)(b) | Jurisdiction Issues - Art. 16 | Procedural Matters

Appeal dismissed, return ordered

Wrongful removal of a girl when she was 6 years old – American – Divorced parents – American father – shared custody rights; after removal, exclusive custody of the father – the girl lived in the U.S. since birth until mid-2022 – the return request was filed before the Argentine courts in August 2022 – return ordered – main issues: grave risk; jurisdiction issues; procedural matters – the grave risk exception cannot be granted if the violence/sexual abuse reported can be duly addressed by the authorities in the State of habitual residence – the merits of the custody issue must be resolved in the State of habitual residence – the safe return measures must be adequately tailored to the best interests of the child and must not interfere with the merits of the rights of custody issue.

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

Return refused

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

Settlement of the Child - Art. 12(2)

Return ordered

Return ordered. The Court did not find that the father had consented or acquiesced to the removal of the child from the United Kingdom and the mother did not provide enough evidence to make out an exception to return under Article 13(2) (child’s objections), Article 13(1)(b) (grave risk of harm) or Article 12 (settlement of the child).

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

Appeal allowed, return ordered

Wrongful removal of two girls when they were 10 and 6 years old – Married parents – The girls lived in Spain until July 2016 – Appeal allowed, return ordered – Main issues: Removal and retention, Art. 13(1)(b) grave risk exception, objections of the child to a return, matters relating to return – There was no concluding evidence that the mother had consented to a change in the girls’ habitual residence to Argentina – There was no grave risk that returning to Spain would cause psychological or physical harm to the girls – The girls did not strongly resist against or oppose returning to Spain, they only stated a mere preference for continuing to live in Argentina – The circumstances of the case had to be taken into account and the COVID-19 health emergency context as well in order to make return immediate and safe.

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

Return ordered

Return ordered at the date provided for by the parental agreement.

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

Return ordered

Wrongful retention of a 7-year-old boy - Venezuelan – unmarried parents – Venezuelan father - Venezuelan mother – The rights of custody were jointly exercised – The child lived in Venezuela until November 2012 – The return request was filed before the Panamenian courts in November 2014 – Return ordered – Main Issues: habitual residence, removal and retention, grave risk, procedural matters – The child’s habitual residence was in Venezuela – Removal was wrongful because the travel authorisation used by the mother was false – It was not proved that the father abused the child; the refugee status request was not an impediment against return – Measures were adopted for the child’s safe return to his habitual residence.

European Convention on Human Rights (ECHR)

Unanimous: no breach of Article 8 of the European Convention on Human Rights (ECHR).

Habitual Residence - Art. 3

Appeal declared inadmissible.