Latest Decisions

  • Added on: 5 November 2019 |Appellate Court

    2015 (Ra) No. 708 Appeal case against an order for the return of a child |JAPAN |HC/E/JP 1427

    Languages
    Full text download EN
    Summary available in EN
    Grounds

    Habitual Residence - Art. 3 | Removal and Retention - Arts 3 and 12 | Consent - Art. 13(1)(a) | Non-Convention Issues | Grave Risk - Art. 13(1)(b)

    Order

    Appeal dismissed, return ordered

    Article(s)

    3 4 13(1)(a) 13(1)(b) 12(2)

    Synopsis

    1 child removed at age 3 years  ― National of Canada and Japan ― Married parents ― Father and Mother married in Canada in 2009 and living there ― Joint custody at the time of wrongful retention ― Child lived in Canada until July 2013 ― Mother removed the child to Japan with Father’s consent ― A wrongful retention of the child after the entry into force of the Convention between Canada and Japan on 1 April 2014  ― Application for return filed with the courts of Japan in March 2015 ― Appeal dismissed and return ordered ― Main issues: Article 3 Habitual residence of the child ― The initial time of the wrongful retention ― Article 13(1)(a) Prior consent or subsequent approval by the father ― Abuse of rights by the father.

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  • Added on: 4 November 2019 |Appellate Court

    X v Y|NETHERLANDS - KINGDOM IN EUROPE |HC/E/NL 1426

    Languages
    Full text download EN
    Summary available in EN
    Grounds

    Habitual Residence - Art. 3

    Order

    Appeal allowed, return ordered

    Article(s)

    3 13(1)(b)

    Synopsis

    Two children wrongfully removed at age 1 – nationals of the Netherlands – married parents – father national of the Netherlands – mother national of the Netherlands – joint custody – children lived in Spain until 15 September 2018 - application for return filed with the court of the Hague on 16 November 2018 - return ordered – main issue: habitual residence, at any given time, a child can only have one place of habitual residence

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  • Added on: 4 November 2019 |First Instance

    The return of a wrongfully retained minor to the Republic of Cyprus (Case No. 2 / 104-13|GEORGIA |HC/E/GE 1425

    Languages
    No full text available
    Summary available in EN
    Grounds

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

    Order

    Return ordered

    Article(s)

    1 2 3 4 5 12 13(1)(a)

    Synopsis

    Child wrongfully retained at age 12 – Citizen of Georgia – Divorced parents – Father national of Georgia – Mother national of Greece – Parents had joint custody – Child lived in Cyprus from 2008 until August 2012 – Application for return was filed with the Central Authority on 18 December 2012 – Main issue: Article 3 – the child’s State of habitual residence was Cyprus and there was no evidence to support the use of one of the exceptions to return under the 1980 Convention.

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  • Added on: 4 November 2019 |Appellate Court

    The return of a wrongfully retained minor to the Federal Republic of Germany (Case No. 2/ბ - 1244-18)|GEORGIA |HC/E/GE 1424

    Languages
    No full text available
    Summary available in EN
    Grounds

    Grave Risk - Art. 13(1)(b) | Settlement of the Child - Art. 12(2) | European Convention on Human Rights (ECHR)

    Order

    Return refused

    Article(s)

    1 3 12 13(1)(b)

    Synopsis

    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.

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  • Added on: 4 November 2019 |First Instance

    The return of a wrongfully retained minor back to the Federal Republic of Germany (Case No. 2. 187-10)|GEORGIA |HC/E/GE 1423

    Languages
    No full text available
    Summary available in EN
    Grounds

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

    Order

    Return refused

    Article(s)

    13(1)(b)

    Synopsis

    One child wrongfully retained at age 4 – National of Germany - Married parents – Father national of Germany – Mother national of Georgia – Both parents have joint custody under Section 1626 of the German Civil Code – Child lived in Germany until August 2009 – Application for return was filed at the Central Authority of Georgia on 29 December 2009 – Return refused  – Main issue: Article 13(1)(b): The court considered that in case of return the child would not live in a psychologically stable environment – The applicant did not appeal the decision and it became final.

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  • Added on: 28 October 2019 |Appellate Court

    05-J2(230)-2012-3|EL SALVADOR |HC/E/SV 1422

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

    Rights of Custody - Art. 3 | Consent - Art. 13(1)(a) | Procedural Matters

    Order

    Appeal dismissed, return ordered

    Article(s)

    3 5 8 12 13(1)(a) 16

    Ruling

    Appeal refused; return allowed. It was settled that the retention was wrongful.

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  • Added on: 29 July 2019 |First Instance

    J.D. v. P.D., 2010 ONCJ 410|CANADA - ONTARIO |HC/E/CA 1421

    Languages
    Full text download EN
    Summary available in EN
    Grounds

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

    Order

    Return ordered with undertakings offered

    Article(s)

    3 4 5 12 13(1)(a) 13(1)(b) 16

    Synopsis

    3 children wrongfully removed at age 7 – Father national of the United Kingdom and Canada – Mother national of the United Kingdom and Canada – Both parents had rights of custody under the law of Scotland – Children lived in the United Kingdom until August 2009 – Application for return filed with the Central Authority of the Scotland on 20 October 2009 – Return ordered – Main issue(s): Rights of custody – Art. 3 – Father had rights of custody under the law of Scotland; there was no court order restricting his rights as a parent – Removal & Retention – Arts 3 and 12 – Children wrongfully removed, in breach of the father’s custody rights and without his consent. The father was exercising his rights despite the child protection investigation – Grave Risk – Art. 13(1)(b) –There is no grave risk. Social service agencies and court in Scotland will protect the children upon their return – Undertakings – Undertakings imposed to assist the return and to protect the children in the transitional period before the court in Scotland takes over. 

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  • Added on: 29 July 2019 |First Instance

    Habimana v. Mukundwa, 2019 ONSC 1781|CANADA - ONTARIO |HC/E/CA 1420

    Languages
    Full text download EN
    Summary available in EN
    Grounds

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

    Order

    Return ordered with undertakings offered

    Article(s)

    3 12 13(1)(b)

    Synopsis

    2 children wrongfully removed at ages 4 and 7– Nationals of Canada and Norway – Married parents – Father national of Norway – Mother national of Canada – Both parents had rights of custody – Children lived in Hong Kong until 21 September 2018 – Application for return filed with the courts of Ontario (Canada) at the end of January 2019 – Return ordered – Main issue: Article 13(1)(b) Grave Risk – Evidence did not meet the 13(1)(b) threshold. Court considered affidavit and legal opinion from lawyer in Hong Kong – Undertakings – Undertakings necessary to secure safe, prompt and seamless return of children and to provide for transition between return order and when children are placed before the Hong Kong courts.

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  • Added on: 25 June 2019 |European Court of Human Rights (ECrtHR)

    VLADIMIR USHAKOV v. RUSSIA (Application no. 15122/17)|RUSSIAN FEDERATION |HC/E/RU 1419

    Languages
    Full text download EN
    No summary available
    Order

    ECrtHR - Violation of Article 8 ECHR, award of damages

    Article(s)

    3 13(1)(b)

    Synopsis

    1 child wrongfully removed at age 2 – National of Russia – Divorced parents – Mother national of Russia – Finnish court ordered joint custody and child should live with the applicant– Child lived in Finland February 2015  – Application for return filed with the Dzerzhinskiy District Court of St Petersburg, Russia, on 6 August 2015  – Return refused on appeal to St Petersburg City Court on 3 February 2016 before application to ECtHR– Violation of Art. 8 ECHR – 23 050 EUR awarded in damages – the interpretation and application of the provisions of the Hague Convention by the St Petersburg City Court failed to secure the guarantees of Article 8 and Russia failed to comply with its positive obligations under Article 8 of the Convention to secure to the applicant the right to respect for his family life.

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  • Added on: 21 March 2019

    Supreme Court Order 2017Seu630|KOREA, REPUBLIC OF |HC/E/KR 1418

    Languages
    Full text download EN |
    Summary available in EN
    Grounds

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

    Order

    Appeal dismissed, return refused

    Article(s)

    3 12 13(1)(b)

    Synopsis

    2 children wrongfully removed at ages 9 and 7 – Nationals of Korea – Married parents – Father national of The Republic of Korea– Mother national of The Republic of Korea– Parents had joint custody – Children lived in Japan until 28 June 2016 – Application for return filed with the court of The Republic of Korea on 21 April 2017 – Return refused – Main issue: Article 13(1)(b) – a “grave risk” includes cases where the child is at risk of psychological harm due to frequent violence committed against the other parent.

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