Case Law Search

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

Return ordered

Removal wrongful and return ordered; the father was to have sole possession of the children's travel documentation.

Habitual Residence - Art. 3 | Grave Risk - Art. 13(1)(b) | Procedural Matters

Return ordered

Removal wrongful and return ordered; the children were habitually resident in Scotland on the relevant date and the argument based on Article 13(1)(b) was dismissed.

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

Return refused

Return refused.

Non-Convention Issues | Grave Risk - Art. 13(1)(b) | Human Rights - Art. 20 | Objections of the Child to a Return - Art. 13(2)

Return refused

Return Refused.

Non-Convention Issues | Settlement of the Child - Art. 12(2) | Grave Risk - Art. 13(1)(b) | Objections of the Child to a Return - Art. 13(2)

Return ordered

Return ordered.

Habitual Residence - Art. 3 | Grave Risk - Art. 13(1)(b) | Undertakings | Issues Relating to Return |

Return ordered with undertakings offered

One child allegedly wrongfully retained at age 5 and a half – National of Ukraine and the United Kingdom – Father national of the United Kingdom and South Africa – Mother national of Hungary and Ukraine – Child lived in Ukraine in the mother’s custody with regular contact with the father – Following Russian invasion of Ukraine in late February 2022 child and Mother move to England In April 2022 – Mother plans to return to Ukraine in Summer 2022 – Father obtains Prohibited Steps Order from English Court - Application for return issued on 29 July 2022 – Main issues: habitual residence and Art. 13(1)(b) grave risk exception to return – risk of exposure to war – risk of loss of relationship with father due to alleged closure of court system and mothers hostility to father – A child’s retained roots in Ukraine support his habitual residence remains in the Ukraine – The risk faced by the child upon return to Ukraine failed to meet the threshold of ‘grave harm’ – the region was not subject to active hostility and life continued as normal – the court system was functioning – mother promoted contact – undertakings reduced any risk below grave risk threshold. – Return ordered

Procedural Matters

Appeal against the provisional stay of execution of the return order dismissed.

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

Appeal dismissed, application dismissed

1 child allegedly wrongfully removed at age 13 – National of Canada – Divorced parents – Parents have joint custody and mother has primary care – Child lived in Arizona, USA until August 2017 – Application for return filed with the courts of Alberta, Canada on May 18, 2018 – Application dismissed – Main issue: Art 13(1)(b) – It would be an intolerable situation to return the child to Arizona as neither parent resides there.

Settlement of the Child - Art. 12(2) |

Return refused

3 children habitually resident in Spain ― Father Spanish national, mother Japanese national ― Parents married in 2009 in Japan ― Upon marriage, father adopted mother’s child born out of wedlock in 2006 ― Two children were born within wedlock in 2011 and 2015 ― Parents first lived together in Japan and later relocated to Spain in May 2011 ― Mother brought three children to Japan in May 2017 and notified Father of her intent to divorce and stay in Japan ― Father filed petition for the return of the children to the Tokyo Family Court in October 2018 ― Petition dismissed ― Main issue: Settlement of the children.

Acquiescence - Art. 13(1)(a) | Grave Risk - Art. 13(1)(b) | Objections of the Child to a Return - Art. 13(2) | Settlement of the Child - Art. 12(2) | Human Rights - Art. 20 | Procedural Matters

Appeal allowed and case remitted to trial court; the trial court had failed to give due consideration to the child's status as a refugee when determining the return application. Furthermore, there had been procedural failings in the conduct of the trial and the exceptions to return had not been investigated properly.

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

Appeal dismissed, return ordered

4 children wrongfully removed to Japan ― Parents married in 2001 and living in the United States ― Father and mother nationals of Japan ― 5 children ― The parents separated and had been living apart since 2011 ― The mother obtained a restraining order against the father for the third time in 2012, along with a provisional custody order over the 5 children ― The father removed 4 of their 5 children via Canada to Japan in 2014 ― The parents obtained a divorce decree in the United States in 2014, which declared the mother as the sole custodian ― The mother filed an application for return with the courts of Japan in 2014 ― The Tokyo Family Court ordered return ― The father filed an appeal ― Main issues: No objections of the children ― No grave risk in ordering return of the child.

Acquiescence - Art. 13(1)(a) | Grave Risk - Art. 13(1)(b) | Objections of the Child to a Return - Art. 13(2) | Issues Relating to Return

Appeal dismissed, return ordered

Appeal dismissed and return refused. The removal was wrongful but the exceptions in Articles 13(1)(a), 13(1)(b) and 13(2) had been made out to the standard required under the Convention. In addition the father's lack of good faith barred him from receiving the court's assistance.

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

Appeal dismissed, return refused

1 child removed to Japan ― National of Algeria and Japan ― Married parents ― Father an Algerian national, Mother a Japanese national ― Parents married in France in 1998 ― Child born in 2004 and lived in France until 2015 ― Mother removed and has retained the child in Japan ― Petition for return of the child filed with the Osaka Family Court ― Petition dismissed ― Appeal to the Osaka High Court dismissed ― Main issues: Father’s Consent or Acquiescence ― Grave Risk for the Child ― Child’s objection

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

Return ordered

Return ordered, subject to undertakings.

Acquiescence - Art. 13(1)(a) | Grave Risk - Art. 13(1)(b)

Return refused

Return refused due to acquiescence of the father.

Aims of the Convention - Preamble, Arts 1 and 2 | Grave Risk - Art. 13(1)(b) | Procedural Matters | Best Interests of the Child

Appeal allowed, return refused

Appeal allowed; return refused.

Grave Risk - Art. 13(1)(b) | Acquiescence - Art. 13(1)(a) | Acquiescence - Art. 13(1)(a)

Appeal dismissed, return ordered

1 child wrongfully retained in Japan ― National of Singapore and Japan ― Married parents ― Father national of Singapore – Mother national of Japan ― Child lived in Singapore until 2016 ― Application for return filed with the Central Authority of Singapore in 2016 ― Petition for return filed with the courts of Japan in 2017 ― Return ordered ― Main issues: acquiescence and Art. 13(1)(b) grave risk exception to return – There is no grave risk in ordering the return of the child in cases involving domestic violence between the parents where a protection order is in place in the requesting State and where there is no evidence that any violence has been committed against the child ― It cannot be said that a parent has not actually exercised rights of custody at the time of removal if he did not know the whereabouts of the child at that time  ― A parent has not approved of or acquiesced in the retention if he filed a return application with the Central Authority of the requesting State about one month after coming to know of the removal, and with the courts of the requested State almost one year after the removal, respectively.

Grave Risk - Art. 13(1)(b) | Objections of the Child to a Return - Art. 13(2) | Settlement of the Child - Art. 12(2)

Return refused

Removal wrongful but return refused; more than 12 months had elapsed prior to the filing of the return petition and the children were held to be settled in their new environment; the older child also had valid objections to returning.

Aims of the Convention - Preamble, Arts 1 and 2 | Consent - Art. 13(1)(a) | Grave Risk - Art. 13(1)(b) | Issues Relating to Return

Return refused

Removal wrongful but return refused; Article 13(1)(a) and Article 13(1)(b) had both been proved to the standard required under the 1980 Hague Child Abduction Convention.

Settlement of the Child - Art. 12(2)

Appeal allowed, return refused

Appeal allowed. Order for return to Portugal set aside.