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

Return refused

Return refused. Though the mother was indeed wrongfully retaining the child, by the time the father made an application for return the child was settled in England and habitually resident there. 

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

Return refused

Return refused. 

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

Return ordered

Return ordered.

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

Appeal dismissed, return refused

First instance judgment affirmed, appeal denied. The wrongful retention began on 4 January 2023. The father did not successfully file a petition until April 2024 and the child was found to be well-settled in the USA. The lower court did not abuse its discretion in refusing to order the child’s return to Greece. 

Habitual Residence - Art. 3 | Rights of Custody - Art. 3 | Settlement of the Child - Art. 12(2) | Acquiescence - Art. 13(1)(a) | Grave Risk - Art. 13(1)(b)

Appeal allowed, return ordered

Wrongful removal of a seven-month-old child – U.S. national – Married parents – Father a U.S. citizen – Mother a Brazilian citizen – Shared rights of custody – Child lived in the United States from birth until May 2021 – Return application submitted to the Central Authority in the United States in September 2021 – Appeal allowed, return ordered – Key issues: habitual residence, rights of custody, settlement of the child, grave risk exception – The child’s habitual residence was in the United States – Custody matters must be resolved by the courts of the State of the child’s habitual residence – The father filed the return application within one year of the wrongful retention – The Court held that the allegations of domestic violence were not substantiated, and that neither the child’s separation from the taking parent nor the immigration obstacles faced by the mother were sufficient to establish the grave risk exception.

Grave Risk - Art. 13(1)(b) | Objections of the Child to a Return - Art. 13(2) | Jurisdiction Issues - Art. 16 | Best Interests of the Child

Appeal allowed, return ordered

Settlement of the Child - Art. 12(2)

Appeal allowed, return refused

Appeal allowed. Order for return to Portugal set aside. 

Habitual Residence - Art. 3 | Settlement of the Child - Art. 12(2) | Grave Risk - Art. 13(1)(b) | Human Rights - Art. 20 | Consent - Art. 13(1)(a)

Return ordered

Return ordered.

Procedural Matters

Appeal allowed, return refused

The court reversed and remanded the case.

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

Return refused

Return refused. Separating the siblings would present a grave risk of psychological harm to both children, within the meaning of Article 13(1)(b).