Case Law Search

Rights of Custody - Art. 3

Appeal dismissed, return ordered

One child wrongfully removed at age ten – National of Switzerland and Spain – Unmarried parents – Father national of Spain – Mother national of Switzerland – Joint custody according to Spanish law – Child lived in Spain until January/February 2016 – Application for return filed with the Central Authority of Spain on 17 February 2016 – Appeal dismissed, return ordered– Main issues: parental custody – The father received parental joint custody when the child's place of residence was transferred to Spain, since in Spain both parents have parental custody by law.

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

Appeal dismissed, return refused

Wrongful retention of a child approximately 12 years old at the time of judgment – national of Argentina and Uruguay – separated parents – father of Argentine nationality – mother of Uruguayan nationality – child born in Argentina and lived there until around age 4, then moved to Uruguay with his mother – application for international return initiated on August 19, 2020, before the Uruguayan Central Authority – appeal dismissed, return denied – key issues: Art. 13(1)(b) grave risk exception, child’s objection to return; procedural matters – returning the child would have entailed a grave risk of further psychological harm – the child's opposition to returning to Uruguay, considering his age and maturity, was decisive in denying the return – the Court indicated that mediation could be reopened to address the child's re-establishment of ties with his mother.

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

Appeal dismissed, return ordered

The mother’s complaint appeal was rejected and the order to return the children remained in place.

Removal and Retention - Arts 3 and 12 | Rights of Custody - Art. 3 | Settlement of the Child - Art. 12(2)

Return refused

Return refused; the removal was wrongful but the child was found to have become settled in his new environment.

Role of the Central Authorities - Arts 6 - 10

Application inadmissible for lack of locus standi.

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

Appeal dismissed, return ordered

Wrongful retention of a child when she was 4 years old - Trinidadian - Trinidadian parents – Joint custody but primary and residential custody with the mother - Child lived in the United States for 2 years and 4 months until she was removed and wrongfully retained in Trinidad as from 15 July 2017 – The return application was filed before a Trinidadian Family Court on 28 November 2017 – Appeal dismissed, return ordered - Main issues: habitual residence, removal and retention, grave risk, procedural matters – The child’s habitual residence was found to be in the U.S. because that was the mother’s place of residence and the girl had lived there for a considerable time - Removal had not been wrongful since the father had a temporary timesharing order but retention was since it breached the mother’s right of custody – The exception in Article 13(1)(b) was not granted as mere financial discomfort was not grave enough 

Habitual Residence - Art. 3 | Removal and Retention - Arts 3 and 12 | Acquiescence - Art. 13(1)(a) | Grave Risk - Art. 13(1)(b) | Non-Convention Issues

Retention of the elder child wrongful and return ordered; none of the exceptions proved to the standard required under the Convention. Retention of the younger child not wrongful as she had only ever been habitually resident in England. Return ordered under common law rules.

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

Return ordered with undertakings offered

2 children wrongfully removed at ages 4 and 7– Nationals of Canada and Norway – Married parents – Father national of Norway – Mother national of Canada – Both parents had rights of custody – Children lived in Hong Kong until 21 September 2018 – Application for return filed with the courts of Ontario (Canada) at the end of January 2019 – Return ordered – Main issue: Article 13(1)(b) Grave Risk – Evidence did not meet the 13(1)(b) threshold. Court considered affidavit and legal opinion from lawyer in Hong Kong – Undertakings – Undertakings necessary to secure safe, prompt and seamless return of children and to provide for transition between return order and when children are placed before the Hong Kong courts.

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

Return ordered

1 child wrongfully retained at age 5 – National of Croatia and Germany – Married parents – Father national of Croatia and Germany – Mother national of Croatia – Joint costudy according to the German Civil Code – Child lived in Germany until December 2015 – Application for return filed with the Central Authority of Croatia on 22 March 2016 – Application for return filed with the courts of Croatia on 30 May 2016 – Return ordered – Main issues: Art. 13(1)(b) grave risk exception to return, Undertakings, Objections of the Child to a Return – The Court ordered the return of the child, whose retention in Croatia was found to be unlawful under Art. 3 of the 1980 Hague Child Abduction Convention.

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

Appeal dismissed, return ordered

The complaint appeal was rejected and it was once again ordered that the child be returned. No evidence was found that the child’s wellbeing was in danger due to the fact, that the father lost custody of his other daughter because of sexual abuse and his alleged paedophilic tendencies.

Rights of Custody - Art. 3 | Grave Risk - Art. 13(1)(b) | European Convention on Human Rights (ECHR)

Appeal dismissed, return ordered

The mother’s complaint appeal was rejected and the father’s application for the return of the child was approved. It was not possible to establish any reason why the child’s wellbeing would be endangered in the event that he were returned.

Rights of Custody - Art. 3 | Article 15 Decision or Determination | Grave Risk - Art. 13(1)(b)

Appeal dismissed, return ordered

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

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

Appeal dismissed, return ordered

Japanese child born in 2014 ― Father and mother previously foreign nationals and naturalized in Japan ― Parents married in 2001 in Japan ― Parents and child moved to the US in July 2017 ― Child obtained health insurance and enrolled in kindergarten in the US ― Parents established a company and started a business in December 2017 in the US ― Marital relationship deteriorated, and father removed child to Japan in April 2019 ― Neither father nor mother had a long-term visa for the US ― Mother filed petition for the child’s return to the Tokyo Family Court in December 2019 ― Return ordered ― Appeal dismissed and return ordered by the Tokyo High Court in June 2020 ― Main issue: Habitual residence of the child and grave risk defence.

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

Appeal allowed, return refused

1 child (nationality unknown) removed from Turkey to Japan ― Father a Turkish national - Mother a Japanese national ― Parents married in Turkey in 2012 ― The child was born in the same year ― Father allegedly sexually abused the child and exercised violence against the mother ― Mother allegedly incurred injury including a bone fracture due to the father’s violence ― Mother removed the child to Japan in 2014 ― Mother obtained a domestic violence restraining order by the Family Court in Turkey ― Father petitioned to the Tokyo Family Court for return of the child ― Return ordered ― The Tokyo High Court overruled and dismissed the petition for return of the child in 2015 ― Main issues: Article 13(1)(b) Grave Risk for the child

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.