Habitual Residence - Art. 3 | Consent - Art. 13(1)(a) | Rights of Custody - Art. 3 | Grave Risk - Art. 13(1)(b)
Appeal dismissed, return ordered
1 3 4 5 13(1)(a) 13(1)(b)
Two children wrongfully removed at ages nine and seven – Married parents – Shared parental custody – Children lived in Spain until 5 February 2016 – Application for return filed with the courts of Switzerland on 17 February 2016 –Application dismissed – Main issue(s): Habitual residence - is understood to mean the actual centre of the child's life, which is determined by the factual circumstances; Consent - the departure of the spouse does not require any approval by the other; the only thing requiring approval is the change of the children's place of residence abroad; Grave risk - must be interpreted restrictively: meaning a serious danger, initial language and reintegration difficulties typically do not constitute a serious danger.
Grave Risk - Art. 13(1)(b)
Case remitted to lower court
13(1)(b)
A court is not categorically required to examine all possible ameliorative measures before denying a Hague Convention petition for return of a child to a foreign country once the court has found that return would expose the child to a grave risk of harm.
Case remanded to District Court to determine whether the measures considered are adequate to order return in light of the District Court’s factual findings concerning the risk to the child, bearing in mind that the Convention sets as a primary goal the safety of the child.
Non-Convention Issues | Best Interests of the Child
Habitual Residence - Art. 3 | Grave Risk - Art. 13(1)(b) | Best Interests of the Child | Settlement of the Child - Art. 12(2) | Procedural Matters
3 13(1)(b) 12(2)
Rights of Custody - Art. 3 | Grave Risk - Art. 13(1)(b) | Best Interests of the Child | Procedural Matters | Interpretation of the Convention
Appeal dismissed, return refused
3 13(1)(b) 19
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
2 13(1)(b) 13(2)
