Case Law Search

Procedural Matters |

Appeal dismissed, return refused

1 child wrongfully removed at age 6 – National of Peru – Father national of Peru – Mother national of Peru – Temporary award of joint custody by Peruvian Court – Child lived in Peru until October 2019 – Application for return filed with the courts of Ontario in March 2020 – Return refused in first instance – Appeal dismissed – Main issue: Procedural matters – Conduct of hearing led to undue delay and contravened obligation for prompt resolution under the Convention. 

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)

Appeal dismissed, return ordered

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

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.

Human Rights - Art. 20

Application for retrial inadmissible: a remedy was available through another ordinary channel.

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.

Grave Risk - Art. 13(1)(b)

Return refused

The Court refused to order the return of the child.

European Convention on Human Rights (ECHR)

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

European Convention on Human Rights (ECHR)

The ECrtHR held unanimously that Portugal had breached Article 8 of the ECHR but did not award damages to the mother because she had not made her application for just satisfaction within the time allowed to her.

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

Appeal allowed, return refused

Appeal allowed and return refused; Article 12(2) had been proved to the standard required by the 1980 Hague Child Abduction Convention and discretion exercised not to make a return order.

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

Return ordered

Return ordered.

Habitual Residence - Art. 3

Appeal declared inadmissible.

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

Appeal dismissed, return refused

Appeal dismissed and return refused; the removal was wrongful but the child objected to going back, was of sufficient age and maturity, and the trial judge had correctly exercised his discretion in upholding the child's objections.

Rights of Custody - Art. 3

Appeal dismissed, granting of Article 15 declaration confirmed

Appeal dismissed and Article 15 declaration granted; the removal had been in breach of the father's actually exercised rights of custody.

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

Appeal dismissed, return ordered

One child (Russian national) born in 2014 resided in Russia ― Father and mother Russian nationals ― Parents married in 2014 in Russia ― Parents divorced in 2016 ― Mother took the child to Japan in October 2017 and settled there following her remarriage ― A ne exeat order of the Russian court was partly set aside by confirming the child’s temporary residence in Japan in January 2019 ― Central Authority of Japan assisted the Father with a return application in July 2018 ― Father filed petition for the child’s return to the Tokyo Family Court in October 2018 ― Return ordered ― Appeal dismissed by the Tokyo High Court in February 2019 ― Main issues: rights of custody and grave risk.

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).

Settlement of the Child - Art. 12(2) | Procedural Matters | Interpretation of the Convention

Appeal allowed, return ordered

Wrongful removal of 5-year-old child - American – unmarried parents, they split up -  the girl lived in California with her mother until she was removed by her father to Mexico – the return request was filed before the Central Authority in the United States of America – appeal allowed, return ordered – main issues: settlement of the child; procedural matters; interpretation of the Convention – the settlement of the child exception was not granted since the mother had filed for return within a year from the wrongful conduct – the Supreme Court held that Mexico lacks a special proceeding for child abduction cases – the HCCH 1980 Child Abduction Convention safeguards the best interests of the child and is compatible with the Political Constitution of the United Mexican States and the different international treaties signed and ratified by Mexico.

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

Appeal dismissed, return ordered

Wrongful retention of two girls when they were 8 and 11 years old – Uruguayan & Swedish – Unmarried parents – Uruguayan father – Uruguayan mother – Joint custody – The girls lived in the Kingdom of Norway until January 2019 – Return proceedings were commenced before Uruguayan courts on 27 May 2019 – Return ordered – Main issues: removal and retention, consent, Art. 13(1)(b) grave risk exception, objections of the child to a return, procedural matters – Retention was wrongful because it violated the father’s actually-exercised right of custody when it took place – There was not sufficient evidence on record proving the father’s consent or acquiescence to the change in the girls’ habitual residence – None of the circumstances alleged by the mother implied a grave risk for the girls if they returned to Norway – The girls’ statements evidenced that their opinions were influenced by their mother – The child support payments fixed in the first instance court judgment were overturned because this issue is outside the scope of application of the HCCH 1996 Child Protection Convention.