Removal and Retention - Arts 3 and 12 | Grave Risk - Art. 13(1)(b) | Settlement of the Child - Art. 12(2)

Appeal allowed, return refused

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

Appeal dismissed, return refused

2 children wrongfully retained at ages 14 and 8 (this appeal concerned only the older child) – National of UK with US Green Card – Father national of UK with US Green Card– Mother national of UK with US Green Card – Joint custody – Child lived in USA until July 2025 – Application for return filed on 1 August 2025 – Return refused – Main issue: Article 13(1)(b), the views of the child can be taken into account in assessing whether there is a grave risk.

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

Return ordered

One child wrongfully removed at age 8 – National of Australia and the UK – Unmarried parents – Father national of Australia and the UK – Mother national of Australia and the UK – Joint custody and pending relocation application – Child lived in Australia until 2020 – Return ordered – Main issues: Article 13(1)(b) not made out. The child objected to returning but the Judge declined to exercise his discretion to refuse to return the child. 

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

Return ordered with undertakings offered

Two children wrongfully removed, both age 6 – Unmarried parents – Father national of Ireland – Mother national of United Kingdom – Joint custody – Children lived in Ireland until September 2020 – Return ordered – Main issue: Article 3, father had rights of custody under Irish law; Article 13(1)(b), there was no grave risk of harm to the children on return to Ireland; Non-Convention issues, a relocation order was made with regard to the mother’s child with a new partner. 

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

Return ordered

Two children wrongfully removed at ages 3 and 1 – Unmarried parents – Father national of Italy – Mother national of United Kingdom – Joint custody– Children lived in Spain until January 2021  – Application for return filed with the courts of England and Wales on 9 February 2021 – Return ordered – Main issue: Article 13(1)(b) did not apply, the situation was unsatisfactory but not intolerable.

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

Return ordered with undertakings offered

1 child wrongfully removed at age 6 – National of Italy and Brazil  – Married parents – Father national of Italy – Mother national of Italy and Brazil – Joint custody – Child lived in Italy until 28 February 2021  – Return ordered – Main issue: Article 13(1)(b) not made out, it was unlikely that the mother and child would be separated and there was no evidence of abuse by the father. 

Procedural Matters | Issues Relating to Return

Return ordered

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

Return refused

1 child wrongfully removed or retained (disputed) at age 1 – National of UK and USA – Divorced parents – Father national of USA – Mother national of UK and USA – The mother was the primary carer and father had rights of custody – Child lived in USA until April 2019  – Return refused – Main issue: Article 13(1)(b) applied, to order the return of the child would separate him from his mother, who would not travel with him to the USA.

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

Return ordered

Three children wrongfully removed between the ages of 7 and 9 – Children lived with the father and stayed with the mother four days each fortnight – Chidren lived in Austria until August 2020  – Application for return filed on 1 September 2020 – Return ordered  – Main issues: The removal was wrongful under Article 3 and there was no grave risk of harm within the meaning of Article 13(1)(b). 

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

Return ordered

Two children wrongfully removed at ages 6 and 10  – Children were living with the grandmother in Portugal until the mother’s death and before their removal to the UK, grandmother had rights of custody – Children lived in Portugal until 21 July 2021  – Application for return filed with the Central Authority of Portugal on 13 September 2021  – Return ordered – Main issues: Article 13(1)(b), a return to Portugal would have an adverse psychological impact on the children but this would not create a grave risk - Child’s Objections, the elder child had a preference to remain in the United Kingdom but this did not amount to an objection within the meaning of Article 13(2).