Case Law Search

Acquiescence - Art. 13(1)(a) | Procedural Matters

Appeal dismissed, return refused

Appeal dismissed and return refused; the father had acquiesced in the retention of the children.

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

Return ordered

Return ordered; there had been a wrongful removal and there was insufficient evidence to indicate consent on the part of the applicant mother.

Return refused

Return refused; the father had waived his Convention rights when he dismissed the substantive proceedings brought in the State of the child's habitual residence.

Habitual Residence - Art. 3

Application dismissed

Application dismissed; the child was not habitually resident in Spain at the relevant date. The child was not wrongfully retained in Ohio, as the United States had become the child's habitual residence.

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

Return ordered

Grave Risk - Art. 13(1)(b) | Objections of the Child to a Return - Art. 13(2) | Procedural Matters

Appeal dismissed, return ordered

1 child wrongfully removed at age 6 - National of Canada - Divorced parents - Father national of Mexico - Mother national of Canada - Joint custody: the mother had primary care, the father periods of care - Child lived in the United States of America until March 2013 - Application for return filed with the Court of Queen’s Bench of Manitoba on 28 March 2013 - Return ordered - Main issues: Art 13(1) (b) grave risk exception to return, objection of the child to return, procedural matters - Motion for staying the enforcement of the first instance return order dismissed - A child aged 8 years (at the time of the proceedings) does not face a grave risk of being exposed to physical or psychological harm or being placed in an intolerable situation if return is ordered while the primary caregiver cannot (immediately) accompany her, pending the outcome of a visa application - Bar an extraordinary level of maturity,  a child aged 8  years has not attained the necessary age and degree of maturity at which her wishes ought to be considered under Art. 13(2) of the 1980 Hague Child Abduction Convention

European Convention on Human Rights (ECHR)

Unanimous: no breach of Article 8 of the European Convention on Human Rights (ECHR). There was no separate issue concerning the claims based on Articles 6 and 13. The authorities' lack of diligence in preventing the abduction was admittedly manifest but had been indemnified by the Spanish authorities. The authorities had not been lacking in diligence regarding the child's return, despite the absence of results in this respect.

Habitual Residence - Art. 3 | Removal and Retention - Arts 3 and 12 | Acquiescence - Art. 13(1)(a) | Procedural Matters | Consent - Art. 13(1)(a)

Appeal dismissed, return ordered

Appeal dismissed and return order upheld, but the orders for costs which had been made by the lower courts in favour of the father were set aside.

Removal and Retention - Arts 3 and 12 | Grave Risk - Art. 13(1)(b) | Objections of the Child to a Return - Art. 13(2)

Appeal allowed, return refused

Appeal upheld and return refused; the retention was wrongful, but a return to Germany would expose the children to a grave risk of physical, and most importantly, psychological harm.  In addition, it was proven that the children, who possessed the necessary age and maturity, objected to being returned to Germany.

Habitual Residence - Art. 3 | Consent - Art. 13(1)(a) | Procedural Matters

Appeal allowed, application dismissed

Appeal allowed and application dismissed; the retention was not wrongful as the child had remained habitually resident in the United States of America, and, the mother had consented to the Texas court's final resolution of the issue of custody.

Aims of the Convention - Preamble, Arts 1 and 2 | Habitual Residence - Art. 3 | Rights of Custody - Art. 3 | Procedural Matters

Appeal dismissed, return refused

Appeal dismissed; return denied. The mother had obtained provisional custody of the child pursuant to a Spanish decision.

Rights of Custody - Art. 3 | Grave Risk - Art. 13(1)(b) | Objections of the Child to a Return - Art. 13(2) | Procedural Matters

Appeal allowed, return ordered

Appeal allowed and return ordered. The retention was wrongful and none of the exceptions raised was applicable.

Consent - Art. 13(1)(a) | Acquiescence - Art. 13(1)(a) | Grave Risk - Art. 13(1)(b) | Issues Relating to Return

Removal wrongful and return would be ordered once suitable practical arrangements had been put in place; none of the exceptions had been proved to the standard required under the Convention.

Removal and Retention - Arts 3 and 12 | Acquiescence - Art. 13(1)(a) | Objections of the Child to a Return - Art. 13(2)

Appeal dismissed, return ordered

Appeal dismissed and return ordered; retention wrongful and none of the exceptions proved to the standard required under the 1980 Hague Child Abduction Convention.

Acquiescence - Art. 13(1)(a) | Grave Risk - Art. 13(1)(b) | Brussels IIa Regulation (Council Regulation (EC) No 2201/2003 of 27 November 2003)

Return ordered

Procedural Matters

Appeal dismissed, return ordered

Rights of Custody - Art. 3

Case remitted to lower court

1 child allegedly wrongfully removed - Married parents - Father national of Italy - Mother national of Italy - Joint custody - Child lived in Belgium until February 2014 - Return refused - Main issues: Rights of custody - A removal cannot be considered wrongful if it did not breach custody rights that were actually exercised at the time of the removal 

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)

Appeal dismissed, return ordered

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.

Habitual Residence - Art. 3 | Consent - Art. 13(1)(a) | Grave Risk - Art. 13(1)(b)

Application dismissed

The Court dismissed the return application.

Acquiescence - Art. 13(1)(a) | Procedural Matters

Return refused

The court found that the father acquiesced in the children remaining in Canada, and refused to order the return of the children under the the Article 13(a) exception.