Grave Risk - Art. 13(1)(b) | Rights of Access - Art. 21
1 4 8 13(1)(b) 21 29 25
Access ordered; the court recognized and enforced the American access order.
Settlement of the Child - Art. 12(2)
Return refused
1 2 3 4 11 20 12(2) 26 25
Return refused; the removal was wrongful but Article 12(2) was successfully invoked, the child now being settled in her new environment.
Procedural Matters
Return ordered
1 2 3 4 5 7 19 25
Wrongful retention of a 1-year-old boy – Costa Rican – unmarried parents – Nicaraguan father – Dominican mother – Joint custody rights – The boy lived in Costa Rica until January 2018 – The return request was filed before a Nicaraguan court in January 2019 – Return ordered – Main issues: procedural matters – The parents agreed that the child would return to Costa Rica in the company of his father once the latter was assured that he would not be criminally sanctioned for child abduction.
Grave Risk - Art. 13(1)(b)
Appeal dismissed, return ordered
3 12 13(1)(b) 25
Child (US and Japanese national) born in 2016 in the US ― Father a US national, mother a Japanese national ― Unmarried parents ― The father has been using cannabis and exercised violence against the mother ― Parenting arrangement between the parents based on joint custody and alternate stay of the child every week ― Approved by the US court in October 2018 ― Mother took the child to Japan with the father’s consent for three weeks in December 2018 ― Mother never returned and started to retain the child in Japan early January 2019 ― Father filed petition for the child’s return to the Tokyo Family Court in July 2019 ― The mother attempted suicide ― Return application dismissed ― Appeal allowed and return ordered by the Tokyo High Court in January 2020 ― Main issue: Grave risk for the child to be returned.
