Case Law Search

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

Return ordered

Appeal allowed, return ordered. The removal to Panama was considered wrongful and the grave risk exception of Article 13(1)(b) raised by the mother was not established.

Rights of Custody - Art. 3 | 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 Article 13(1)(b) had not been proved to the standard required under the Convention.

Procedural Matters

Appeal dismissed, return refused

The Supreme Court dismissed the appeal. 

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

Appeal dismissed, return refused

Application dismissed. Return refused as there would be a grave risk of harm to the child if he was returned to Germany.

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

Return ordered

The court ordered the return of the child to the USA.

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

Appeal dismissed, return ordered

Appeal dismissed and return ordered; the child's objections did not satisfy the standard required under Article 13(2) of the Convention.

Procedural Matters

"Amparo" granted by the Constitutional Court which mandated the Court of Appeals to decide on the merits of the appeal.

Issues Relating to Return

Application dismissed

Application dismissed because ill-founded; the Czech authorities had not breached Article 8 of the ECHR.

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

Appeal dismissed, return ordered

Appeal dismissed. The removal was wrongful and the exceptions of the Convention inapplicable.

Procedural Matters

Return ordered

Wrongful retention of a 1-year-old boy – Costa Rican – unmarried parents – Nicaraguan father – Dominican mother – Joint custody rights – The boy lived in Costa Rica until January 2018 – The return request was filed before a Nicaraguan court in January 2019 – Return ordered – Main issues: procedural matters – The parents agreed that the child would return to Costa Rica in the company of his father once the latter was assured that he would not be criminally sanctioned for child abduction.

Human Rights - Art. 20

Appeal dismissed, return ordered

Appeal dismissed and return ordered; Article 20 of the 1980 Hague Child Abduction Convention was not engaged by the facts of the case.

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

Appeal dismissed, return ordered

Appeal dismissed and return ordered; the child was habitually resident in Sweden at the time of the retention and the standard required under Art. 13(1)(b) of the 1980 Hague Child Abduction Convention to establish a grave risk of harm had not been met.

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.

Objections of the Child to a Return - Art. 13(2) | Rights of Access - Art. 21

Application allowed and independent children's lawyer appointed.

Rights of Custody - Art. 3 | Human Rights - Art. 20 | Procedural Matters

Article 15 declaration refused

Article 15 declaration: the removal of the child was not wrongful within the meaning of Article 3 as the father did not have rights of custody on the relevant date.

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

Legal challenge dismissed and decision refusing to return the child to Germany confirmed. The removal had been wrongful but Article 13(1)(b) had been proved to the standard required under the Convention.

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

Return ordered

Wrongful retention of an adolescent in Uruguay – Custody right exercised solely by the mother – The adolescent lived in Spain with his mother for 4 years – The return application was filed before the Spanish Central Authority – Return ordered – Main issues: Art. 13(1)(b) grave risk exception, objections of the child to a return – The father did not prove any situation in which there was a grave risk actually making return intolerable and exposing the adolescent gravely – The adolescent voiced a preference but there was no true objection in the sense of an unwavering repudiation towards return.

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

Appeal dismissed and return of older sibling ordered; his removal had been wrongful and the Article 13(1)(b) exception had not been established.

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

Return refused

Return refused. 

Habitual Residence - Art. 3

Appeal allowed, return ordered

Appeal allowed, return ordered.