Rights of Custody - Art. 3
Appeal allowed, return refused
1 3 5
1 child allegedly wrongfully removed at age 11 – Divorced parents – Father national of France and Morocco – Mother national of France – Full custody rights automatically awarded to the mother after the divorce under Moroccan law – Child lived in Morocco until October 2014 – Application for return filed with the Juge aux affaires familiales of France in December 2014 – Return refused – Main issue: Rights of custody – Rights of custody, including in particular the right to determine the child’s place of residence, has to be determined in accordance with the law of the State where the child had his habitual residence immediately before the removal
Habitual Residence - Art. 3 | Consent - Art. 13(1)(a) | Rights of Custody - Art. 3 | Grave Risk - Art. 13(1)(b)
Appeal dismissed, return ordered
1 3 4 5 13(1)(a) 13(1)(b)
Two children wrongfully removed at ages nine and seven – Married parents – Shared parental custody – Children lived in Spain until 5 February 2016 – Application for return filed with the courts of Switzerland on 17 February 2016 –Application dismissed – Main issue(s): Habitual residence - is understood to mean the actual centre of the child's life, which is determined by the factual circumstances; Consent - the departure of the spouse does not require any approval by the other; the only thing requiring approval is the change of the children's place of residence abroad; Grave risk - must be interpreted restrictively: meaning a serious danger, initial language and reintegration difficulties typically do not constitute a serious danger.
Habitual Residence - Art. 3 | Grave Risk - Art. 13(1)(b) | Best Interests of the Child | Settlement of the Child - Art. 12(2) | Procedural Matters
3 13(1)(b) 12(2)
Rights of Custody - Art. 3 | Grave Risk - Art. 13(1)(b) | Best Interests of the Child | Procedural Matters | Interpretation of the Convention
Appeal dismissed, return refused
3 13(1)(b) 19
Habitual Residence - Art. 3 | Grave Risk - Art. 13(1)(b) | Objections of the Child to a Return - Art. 13(2)
Return refused
3 13(1)(b) 13(2)
Return refused.
Rights of Custody - Art. 3 | Settlement of the Child - Art. 12(2) | Acquiescence - Art. 13(1)(a) | Grave Risk - Art. 13(1)(b) | Objections of the Child to a Return - Art. 13(2) | Human Rights - Art. 20 | Issues Relating to Return
3 13(1)(a) 13(1)(b) 13(2) 20 12(2)
Return refused. The father did not have rights of custody within the meaning of Article 3.
