Latest Decisions

  • Added on: 28 June 2021 |First Instance

    Jacquety v Baptista (S.D. N.Y. 2021) 2021 WL 1885263|UNITED STATES OF AMERICA |HC/E/US 1513

    Languages
    No full text available
    Summary available in EN
    Grounds

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

    Order

    Return refused

    Article(s)

    13(1)(b)

    Ruling

    The Court refused to order the return of the child.

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  • Added on: 28 June 2021 |Superior Appellate Court

    T-202-18|COLOMBIA |HC/E/CO 1512

    Languages
    Full text download ES
    Summary available in EN | ES
    Grounds

    Aims of the Convention - Preamble, Arts 1 and 2 | Settlement of the Child - Art. 12(2) | Acquiescence - Art. 13(1)(a) | Grave Risk - Art. 13(1)(b) | Objections of the Child to a Return - Art. 13(2)

    Order

    Case remitted to lower court

    Article(s)

    3 13(1)(a) 13(1)(b) 13(2) 12(2)

    Synopsis

    Wrongful retention of a child when she was 5 years old - US national - parents married - father US national - mother Colombian national - both parents had custody rights under the Convention - child lived in the US until 19 December 2015 - return application was filed before the US Central Authority on 13 June 2016 - lower court was ordered to make a new judgment in the international return proceedings, taking into account the child's views - main issues: aims of the Convention - Preamble, settlement of the child, acquiescense, art. 13(1)(b) grave risk exception, child's objections to return – the best interests of the child is to be returned to his or her center of life without delay, unless one of the grounds of exception is proven - assessment of the child's settlement is appropriate only if one year has elapsed between the wrongful conduct and the date of filing of the international return application - the grave risk must be greater than the natural hardship that may result from a change of his or her residence or the dislocation of the current living group - the decision on the application of the exception of Art. 13(2) requires consideration of the voice of the child who is of sufficient age and maturity.

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  • Added on: 28 June 2021 |Appellate Court

    S. G. , P. C. c/U., M. s/Exhorto Restitución|URUGUAY |HC/E/UY 1511

    Languages
    Full text download ES
    Summary available in EN | ES
    Grounds

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

    Order

    Appeal allowed, return ordered subject to undertakings

    Article(s)

    13(1)(b) 20

    Ruling

    Appeal allowed, return ordered subject to undertakings.

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  • Added on: 28 June 2021 |First Instance

    CT v PS [2021] IEHC 168 [2020 No. 22 HLC]|IRELAND |HC/E/IE 1510

    Languages
    Full text download EN
    Summary available in EN
    Grounds

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

    Order

    Return ordered

    Article(s)

    13(1)(b) 12(1)

    Ruling

    The Court ordered the return of the children. The Court did not accept the fathers account of events and held that, even if they were true, they would not amount to a grave risk envisaged by Article 13(1)(b).

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  • Added on: 15 June 2021 |Superior Appellate Court

    G v G [2021] UKSC 9 |UNITED KINGDOM - ENGLAND AND WALES |HC/E/UKe 1509

    Languages
    Full text download EN
    Summary available in EN
    Grounds

    Non-Convention Issues | Grave Risk - Art. 13(1)(b)

    Order

    Appeal allowed, return refused

    Article(s)

    2 13(1)(b) 13(2)

    Ruling

    The Court refused to order the return of the child until the mother's asylum application had been determined.

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  • Added on: 4 June 2021 |First Instance

    Ad Hoc Central Authority of the Republic for South Africa and Another v Koch N.O and Another (2821/2021) [2021] ZAWCHC 53 |SOUTH AFRICA |HC/E/ZA 1508

    Languages
    Full text download EN
    Summary available in EN
    Grounds

    Non-Convention Issues

    Ruling

    The court held that it would be detrimental to the child’s best interests for the return order to be enforced before the appeal before the SCA was decided. 

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  • Added on: 30 May 2021 |Appellate Court

    A (A Child) [2021] EWCA Civ 194 |UNITED KINGDOM - ENGLAND AND WALES |HC/E/UKe 1507

    Languages
    Full text download EN
    Summary available in EN
    Grounds

    Procedural Matters | Interpretation of the Convention

    Order

    Appeal allowed, return ordered

    Ruling

    The court allowed the appeal and ordered the child’s return to Italy. The situation did not amount to a “fundamental change in circumstances” required in order to set aside a decision under the 1980 Convention. 

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  • Added on: 30 May 2021 |Superior Appellate Court

    Kung v. Tang, 2020 BCSC 2155|CANADA - BRITISH COLUMBIA |HC/E/CA 1506

    Languages
    Full text download EN
    Summary available in EN
    Grounds

    Acquiescence - Art. 13(1)(a) | Procedural Matters

    Order

    Return refused

    Article(s)

    12 13(1)(a) 13(1)(b)

    Ruling

    The court found that the father acquiesced in the children remaining in Canada, and refused to order the return of the children under the the Article 13(a) exception.

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  • Added on: 30 May 2021 |Superior Appellate Court

    Bakker v. Bakker [2020] BCSC 1620|CANADA - BRITISH COLUMBIA |HC/E/CA 1505

    Languages
    Full text download EN
    Summary available in EN
    Grounds

    Removal and Retention - Arts 3 and 12 | Consent - Art. 13(1)(a)

    Order

    Return ordered

    Article(s)

    3 13(1)(a) 13(1)(b)

    Ruling

    The court held that the child had been wrongfully retained in Canada and ordered her return to New Zealand.

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  • Added on: 30 May 2021 |First Instance

    CB v. LC 20/18381|SOUTH AFRICA |HC/E/ZA 1504

    Languages
    Full text download EN
    Summary available in EN
    Grounds

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

    Order

    Application dismissed

    Article(s)

    3 12 13(1)(a) 13(1)(b)

    Ruling

    The Court dismissed the return application.

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