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