Rights of Custody - Art. 3 | Grave Risk - Art. 13(1)(b) | Procedural Matters
Appeal dismissed, return ordered
3 13(1)(b)
Appeal dismissed; return ordered. The removal was wrongful and none of the exceptions raised was applicable.
Grave Risk - Art. 13(1)(b) | Settlement of the Child - Art. 12(2) | European Convention on Human Rights (ECHR)
Return refused
1 3 12 13(1)(b)
One child wrongfully retained at age 5 – National of Germany - Divorced parents – Father national of Germany – Mother national of Russia – Parents had joint custody – Child lived in Germany until 13 July 2017 – Application for return was filed with the Court on 30 August 2018 – Return refused – Main issue(s): Article 13(1)(b), grave risk due to violence from the father; Article 12, child settled in new environment.
Rights of Custody - Art. 3 | Grave Risk - Art. 13(1)(b) | Best Interests of the Child | Procedural Matters | Interpretation of the Convention
Appeal dismissed, return refused
3 13(1)(b) 19
Grave Risk - Art. 13(1)(b) | Procedural Matters
13(1)(b)
There had been a fundamental change of circumstances as the mother was no longer willing to return to Poland. The judge set aside the initial ruling and refused the application for return based on the Article 13(1)(b) exception.
Non-Convention Issues | Best Interests of the Child
Habitual Residence - Art. 3 | Grave Risk - Art. 13(1)(b)
Appeal dismissed and return ordered; the retention was wrongful, the child being habitually resident in Canada at the relevant date.
Habitual Residence - Art. 3 | Grave Risk - Art. 13(1)(b) | Best Interests of the Child | Settlement of the Child - Art. 12(2) | Procedural Matters
3 13(1)(b) 12(2)
Aims of the Convention - Preamble, Arts 1 and 2 | Habitual Residence - Art. 3 | Grave Risk - Art. 13(1)(b) | Objections of the Child to a Return - Art. 13(2) | Procedural Matters
Application dismissed
3 13(1)(b) 13(2)
Application dismissed; the child was held not to be habitually resident in California at the time of the retention.
Rights of Access - Art. 21 | Non-Convention Issues
Agreement as to contact between mother and the children in the United Kingdom and Pakistan made by consent.
Rights of Custody - Art. 3 | Acquiescence - Art. 13(1)(a) | Grave Risk - Art. 13(1)(b) | Issues Relating to Return | Procedural Matters
3 5 13(1)(a) 13(1)(b) 26
Appeal dismissed, return ordered. The removal was wrongful and none of the exceptions invoked was applicable.
