Case Law Search

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

Appeal allowed, return refused

Appeal allowed and return refused; in the absence of any evidence in rebuttal from the applicant father the court accepted that there was a grave risk the boys would face an intolerable situation if returned.

Consent - Art. 13(1)(a)

Appeal declared inadmissible. The existence of a valid consent does not generally raise any important question of law which may be referred to the Supreme Court (Oberster Gerichtshof). Nor had the Court of Appeal, in the case at hand, made any key misinterpretations requiring correction by the Supreme Court.

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

Appeal allowed, return ordered

Return ordered; the "grave risk of harm" exception had not been established.

Removal and Retention - Arts 3 and 12 | Grave Risk - Art. 13(1)(b) | Procedural Matters | Best Interests of the Child

Appeal allowed, return refused

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

Return ordered

Wrongful retention of a 4 year old child – Colombian and Salvadorian – Married parents –  Salvadorian mother – Shared rights of custody – the child lived in Colombia since birth until January 2019 – the return request was filed before the Colombian Central Authority in February 2019 – Return ordered – Main issues: habitual residence; removal and retention; art. 13(1)(b) grave risk exception; procedural matters – The habitual residence of the child was in Colombia – The child was wrongfully retained, in breach of the parents’ jointly-exercised rights of custody – The grave risk the child would be exposed to was not established – Measures were ordered to ensure the child’s return to Colombia, such as his return together with his father and his preparation toward the return

Rights of Custody - Art. 3

Leave to appeal refused and return application dismissed; there had been no wrongful removal because the father did not have rights of custody at the moment of the removal.

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

Appeal dismissed, return ordered

Appeal dismissed and return ordered; the standard required under Article 13(1)(b) to indicate the child would face a grave risk of psychological harm had not been met.

Issues Relating to Return | Procedural Matters

Appeal allowed and partially founded. The child's return to Germany was ordered.

Issues Relating to Return | Procedural Matters | Brussels IIa Regulation (Council Regulation (EC) No 2201/2003 of 27 November 2003)

The Court unanimously ruled that Romania had breached Article 8 of the ECHR in failing to thoroughly assess the best interests of the child and to give the father the opportunity to present his case. It also awarded the father compensation under Article 41 of the ECHR.