Case Law Search

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

Appeal dismissed, return ordered

The current situation in Israel does not preclude the return of a minor child based on the provision of Article 13(1)(b).

Habitual Residence - Art. 3 | Removal and Retention - Arts 3 and 12 | Settlement of the Child - Art. 12(2) | Interpretation of the Convention

Appeal dismissed, return ordered

Wrongful retention of a girl when she was 4 years old – Guatemalan and American – separated parents – the girl was born in the United States, as proved by her birth certificate – the Central Authority of Guatemala filed the return request before court in Quetzaltenango, Guatemala – appeal dismissed, return ordered – main issues: habitual residence; removal and retention; settlement of the child; interpretation of the Convention – the habitual residence of the child before the wrongful retention was in the United States, as evidenced by her birth certificate and medical records – the wrongful retention took place when the father did not return her to the United States on the agreed date after her holiday with the grandparents, to which the mother had consented – the immediate return ought to be ordered since the child had spent less than a year in the requested State – the HCCH Convention on Child Abduction does not require the conduction of socioeconomical or psychological studies on the parents in order to make a decision on return

Habitual Residence - Art. 3 | Rights of Custody - Art. 3 | Consent - Art. 13(1)(a) | Acquiescence - Art. 13(1)(a)

Appeal dismissed, return ordered

Appeal dismissed, return ordered. The trial judge had rightly found that the exception of consent was not applicable.

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

Return ordered

Return ordered; the children's objection was insufficient.

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

Appeal allowed, return ordered

Appeal allowed and return ordered; the removal was wrongful and the standard required under Art 13(1)(b) had not been met.

Rights of Custody - Art. 3 | Article 15 Decision or Determination

Appeal dismissed and preliminary ruling upheld; the father held rights of custody at the time of the removal of the children.

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

Appeal dismissed, return ordered

Appeal dismissed, return ordered. The removal was wrongful and the exceptions inapplicable.

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

Return ordered

Return ordered.

Habitual Residence - Art. 3

Appeal dismissed, return refused

Application dismissed. The children were habitually resident in Canada.

Procedural Matters

Appeal inadmissible. The issue of the child's best interests could only be evoked to oppose the enforcement if a change in circumstances had occurred between the issuance of the return order and its enforcement. It was for the judge seized with an application for modification to decide on this point.

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

Appeal allowed in part; the removal was wrongful but the return of the girls would be refused for the father by his actions had acquiesced in their remaining in Israel.

Consent - Art. 13(1)(a)

Appeal declared inadmissible. The existence of a valid consent does not generally raise any important question of law which may be referred to the Supreme Court (Oberster Gerichtshof). Nor had the Court of Appeal, in the case at hand, made any key misinterpretations requiring correction by the Supreme Court.

Issues Relating to Return | Procedural Matters

Appeal allowed and partially founded. The child's return to Germany was ordered.

Aims of the Convention - Preamble, Arts 1 and 2 | Rights of Custody - Art. 3 | Objections of the Child to a Return - Art. 13(2)

Return ordered

Removal wrongful and return ordered; none of the Article 13 exceptions had been proved to the standard required under the Convention.

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

Return ordered

The retention was wrongful and Article 13(2) was not proved to the standard required under the Convention.

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

Return ordered

Return ordered, the retention was wrongful and none of the exceptions were applicable.

Habitual Residence - Art. 3 | Consent - Art. 13(1)(a)

Appeal allowed, return refused

Two children wrongfully removed at ages 6 and 3 - Nationals of Romania - Divorced parents - Father national of Romania - Mother national of Romania - Parents share caring responsibilities for the children and frequently moved between England and Romania throughout marriage - Father consented to children living in England with mother post-divorce - Children lived with father in Romania between September 2019 and February 2020 - Children returned to England with mother - Father sought to renege on his earlier consent - Application for return filed in England on 17 July 2020 by the father - Return ordered notwithstanding a finding of consent - Mother appealed this decision - Main issues: habitual residence and consent - Court agreed that children were habitually resident in Romania, however, allowed the appeal in relation to consent

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

Appeal allowed and case remitted to trial court; determination to be made as to what undertakings, if any, would be sufficient to ensure the safety of the children upon their return to Mexico pending the outcome of custody proceedings.

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

Appeal dismissed, return ordered

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.

Removal and Retention - Arts 3 and 12 |

Appeal dismissed, return ordered

one child wrongfully retained between age 4 and 5– National of unknown –unmarried parents – Father national of unknown – Mother national of unknown – Shared parental responsibility – Child lived in Portugal until 10 March 2017 – Application for return filed with the courts of Switzerland on 23 April 2018 – Return ordered – Main issue: Removal and Retention – The father could not prove that the mother had given her consent for the child to remain in Switzerland and the mother filed an appeal within the one year period set out in Article 12.