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Procedural Matters

Preliminary ruling issued: The provisions laid down in Article 21 et seq. of the Brussels IIa Regulation do not apply to provisional measures, relating to rights of custody, falling within the scope of Article 20 of that regulation.

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

Appeal allowed, return ordered

Appeal allowed, return ordered. The retention was considered wrongful. The appeal was considered unfounded and lacking any legal basis since the mother had not demonstrated the existence of substantive or procedural errors which would have served as a basis to overturn the decision that ordered the return.

Habitual Residence - Art. 3 | Grave Risk - Art. 13(1)(b) | Objections of the Child to a Return - Art. 13(2) | Procedural Matters

Appeal allowed, return ordered

Appeal allowed; return ordered.

Aims of the Convention - Preamble, Arts 1 and 2 | Procedural Matters

Preliminary ruling issued on Questions 1, 2, 4 and 5; see below.

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

Appeal allowed, return ordered

Appeal allowed, return ordered. The mother's allegation of grave risk was not found to be proved.

Rights of Custody - Art. 3 | Grave Risk - Art. 13(1)(b) | Human Rights - Art. 20

Appeal dismissed, return ordered

1 child wrongfully removed at age 6 - Divorced parents - Mother a national of France and Israel - Mother had custody, father extensive access rights - Child lived in Israel until summer 2015 - Return proceedings initiated in March 2016 - Return ordered - Main issues: rights of custody, Art. 13(1)(b) grave risk exception to return, human rights - A parent has "rights of custody" under the 1980 Hague Child Abduction Convention if he has extensive access rights and the right to consent to change of the child's residence - The Art. 13(1)(b) grave risk exception of the Convention does not apply where the child would have access to satisfcatory treatment for an illness in the State of habitual residence

Grave Risk - Art. 13(1)(b) | Interpretation of the Convention

Appeal allowed, return ordered

Appeal allowed and return ordered in respect of the youngest child as the Article 13 exception of the 1980 Hague Child Abduction Convention did not apply. Application rejected in respect of the older children, who were over 16 years old.

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

Appeal allowed, return ordered

Return ordered; the "grave risk of harm" exception had not been established.

Human Rights - Art. 20

Rights of Custody - Art. 3 | Objections of the Child to a Return - Art. 13(2) | Settlement of the Child - Art. 12(2)

Appeal dismissed, return ordered

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

Appeal dismissed, return ordered

Issues Relating to Return | Procedural Matters

Appeal dismissed; the application for the child's independent representation was manifestly groundless and the mother failed to assert any genuinely new circumstance.

Procedural Matters

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

Appeal dismissed, return ordered

Appeal dismissed insofar as it was admissible. In particular, the mother had failed to prove the existence of acquiescence or a grave risk of danger.

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

Appeal allowed, return ordered

Appeal allowed and return ordered; acquiescence had not been proved to the standard required under the Convention.

Issues Relating to Return

The Argentinean decisions ordering the return of the child were not contrary to Arts. 8 and 25 (and therefore not contrary to Arts. 17 and 29) of the American Convention on Human Rights (San José Pact).

Issues Relating to Return

Appeal dismissed, return ordered

Procedural Matters

An order for costs could be made against an applicant in Convention proceedings, although this should only happen in exceptional cases. In the instant case an order would be made because the mother had acted unreasonably in her pursuit of a return order, which she was ultimately advised to withdraw.

Habitual Residence - Art. 3 | Procedural Matters

Appeal dismissed, application dismissed

Appeal dismissed and thereby application dismissed; the child was not habitually resident in Italy on the date the removal took place.

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

Return ordered

Removal wrongful and return ordered; none of the exceptions had been established to the standard required under the Convention, however, the return was subject to extensive and stringent conditions, including the obtaining of a mirror order in the High Court of South Africa.