Objections of the Child to a Return - Art. 13(2) | Settlement of the Child - Art. 12(2)
Return ordered
13(2) 12(2)
Removal wrongful ad return ordered; the children had not settled in their new environment and the objectives of the older children were not of the requisite standard to justify a non-return order being made.
Removal and Retention - Arts 3 and 12 | Grave Risk - Art. 13(1)(b)
Appeal allowed, return ordered
12 13(1)(a) 13(1)(b) 13(2) 16 13(3) 12(2) 12(1)
Return ordered; the "grave risk of harm" exception had not been established.
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) | Best Interests of the Child
Case remitted to lower court
3 13(1)(a) 13(1)(b) 13(2) 12(2)
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.
Habitual Residence - Art. 3 | Grave Risk - Art. 13(1)(b) | Best Interests of the Child | Settlement of the Child - Art. 12(2) | Procedural Matters
Appeal dismissed, return ordered
3 13(1)(b) 12(2)
Rights of Custody - Art. 3 | 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) | Human Rights - Art. 20 | Issues Relating to Return
Return refused
3 13(1)(a) 13(1)(b) 13(2) 20 12(2)
Return refused. The father did not have rights of custody within the meaning of Article 3.
Rights of Custody - Art. 3 | Settlement of the Child - Art. 12(2) | Habitual Residence - Art. 3 | Grave Risk - Art. 13(1)(b)
Return ordered. The Social Services of Naples had rights of custody and removal of the child from Italy was wrongful.
Grave Risk - Art. 13(1)(b) | Settlement of the Child - Art. 12(2) | Issues Relating to Return | Best Interests of the Child
13(1)(b) 12(2)
