Case Law Search

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

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

Appeal dismissed and return ordered; the removal was wrongful and none of the exceptions had been established.

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

Appeal allowed, return ordered

Removal and Retention - Arts 3 and 12 | Consent - Art. 13(1)(a) | Acquiescence - Art. 13(1)(a) | Grave Risk - Art. 13(1)(b) | Procedural Matters

Appeal allowed, return ordered

Appeal allowed, return ordered. The exception of grave risk of danger could not apply unless the US authorities denied the mother a visa enabling her to enter and remain in the United States of America until a custody ruling.

Consent - Art. 13(1)(a) | Grave Risk - Art. 13(1)(b) | Jurisdiction Issues - Art. 16 | Procedural Matters

Appeal dismissed, return ordered

Appeal dismissed; decision ordering the children's return upheld, having considered with reasonable cause that none of the exceptions was applicable.

Rights of Custody - Art. 3 | Grave Risk - Art. 13(1)(b)

Appeal allowed, return ordered

Two children wrongfully removed at ages nine and four – Nationals of Macedonia – Married parents – Father national of Macedonia – Mother national of Macedonia – Joint parental custody – Children lived in Austria until 28 July 2018 – Application for return filed with the Central Authority of Austria 5 September 2018 – Return ordered – Main issues: Effective exercise of custody and grave risk – Article 3(1)(b) must be read in the light with the Convention's concern that the original condition should be established; there is a presumption that the holder of custody has fulfilled his obligations; the grounds for exclusion are to be interpreted narrowly and only real dangers are to be taken into account in the case of Article 13(1)(b).

Objections of the Child to a Return - Art. 13(2) |

Appeal dismissed, return refused

1 child allegedly wrongfully retained at age 13 – National of Brazil – Divorced parents– Father national of Brazil – Mother national of Brazil – Joint right to determine the residence of the child. Father has custody. – Child lived in Brazil until 31 October 2014 – Application for return filed with the Courts of Switzerland on 28 April 2016 – Return refused – Main issue: Objections of the Child to a Return – Child was mature enough for its opinion to be taken into consideration which constituted a reason to refuse the return based on Article 13(2).

Acquiescence - Art. 13(1)(a)

Appeal dismissed, return refused

One child wrongfully retained at age 3 – National of United Kingdom and Switzerland – Married parents – Father national of United Kingdom and Turkey – Mother national of Switzerland and Turkey – Joint parental responsibility – Child lived in the United Kingdom until 7 August 2020 – Application for return filed with the courts of Switzerland on 12 April 2021 – Return refused – Main issue: Acquiescence/Consent Art.13(1)(a)] –Father’s behaviour deemed acquiescence, namely signing a residence registration, bringing child’s personal effects, transferring money, signing a divorce agreement accepting Switzerland as the place of jurisdiction.

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

Appeal dismissed, return ordered

The Federal Court dismissed the appeal on the grounds that the exceptions in art. 13 CLaH 80 did not apply.

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

Appeal dismissed, return ordered

Appeal dismissed, return ordered. 

Removal and Retention - Arts 3 and 12 | Consent - Art. 13(1)(a)

Return ordered

The court held that the child had been wrongfully retained in Canada and ordered her return to New Zealand.

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

Return ordered

Return ordered. Though there was a risk of harm to the child within the meaning of Article 13(1)(b), this risk could be sufficiently managed by protective measures. Furthermore, the child did not object to returning to Italy per se and that he had not attained a degree of maturity at which it is appropriate to take account of his views. 

Habitual Residence - Art. 3 | 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.

Removal and Retention - Arts 3 and 12 | Grave Risk - Art. 13(1)(b) | Objections of the Child to a Return - Art. 13(2) | Jurisdiction Issues - Art. 16 | Best Interests of the Child

Appeal allowed, return ordered

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

Appeal allowed, return ordered

Removal and Retention - Arts 3 and 12 | Rights of Custody - Art. 3 | Grave Risk - Art. 13(1)(b) | Jurisdiction Issues - Art. 16 | Best Interests of the Child

Appeal allowed, return ordered

Consent - 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

Appeal dismissed, return ordered

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

Return ordered

The Court held that the mother had not made out the Article 13(1)(b) exception and ordered the return of the children.

Human Rights - Art. 20

Unanimous: appeal inadmissible; the issues relating to the consistency of the 1980 Convention with the Constitution had been resolved in an earlier case, and admissibility of the appeal was not necessary for the enforcement of fundamental rights.

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

Appeal dismissed, return ordered