Case Law Search

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

Appeal dismissed, return ordered

The court rejected the application for deferment of enforcement.

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

Appeal dismissed, return ordered

The complaint (Beschwerde) appeal lodged by the mother was refused, the child should be returned to the USA.

Habitual Residence - Art. 3

Return ordered

The court ordered the return of the child to the United States to the district of the court competent for the father's place of residence within two weeks of the decision taking effect.

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

Return ordered

The court ordered the return of the child to Armenia within four weeks.

Issues Relating to Return

Appeal dismissed, return ordered

The court ordered that the mother be placed in coercive detention for 10 days.

Issues Relating to Return | Grave Risk - Art. 13(1)(b)

Appeal dismissed, return ordered

The court rejected the mother’s application to have the use of direct force in enforcement suspended.

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

Appeal dismissed, return ordered

The court rejected the Beschwerde appeal against the decision and ordered the return of the children.

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

Return ordered

The court ordered the return of the children to the State of Connecticut, United States of America, within two weeks of the order becoming final and binding.

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

Appeal dismissed, return ordered

1 child wrongfully removed at age 7 – Unmarried, separated parents – Joint parental authority, mother primary carer – Child lived in France until 31 December 2018 – Return ordered – Main issue: Article 13(1)(b): a decision of refusal to return a child should be based on the risk of 'exposure' to harm. Where a fellow signatory to the 1980 Convention has found that there was no such grave risk of exposure to harm it would be rare to find the opposite. 

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

Appeal dismissed, return ordered with undertakings offered

The Court dismissed the appeal and ordered the return of the child: the habitual residence of the child was in the United States, the retention was wrongful and none of the exceptions had been proved to the standard required under the Convention.