Case Law Search

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

Return ordered

Return ordered with undertakings and protective measures.

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

Return ordered

Return ordered.

Note that the mother later appealed this decision, arguing that the judge was wrong to dismiss the Article 13(1)(a) acquiescence and Article 13(1)(b) exceptions to return. The appeal was dismissed and the decision upheld. See case: Re B (1980 Hague Convention: Article 13(a)/(b)), [2025] EWCA Civ 1603, INCADAT ID1671.

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

Return ordered

Return ordered.

Rights of Custody - Art. 3 | Settlement of the Child - Art. 12(2) | Acquiescence - Art. 13(1)(a) | Grave Risk - Art. 13(1)(b) | Objections of the Child to a Return - Art. 13(2) | Human Rights - Art. 20 | Issues Relating to Return

Return refused

Return refused. The father did not have rights of custody within the meaning of Article 3. 

Rights of Custody - Art. 3 | Settlement of the Child - Art. 12(2) | Habitual Residence - Art. 3 | Grave Risk - Art. 13(1)(b)

Return ordered

Return ordered. The Social Services of Naples had rights of custody and removal of the child from Italy was wrongful. 

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

Return refused

Return refused. There was a grave risk that returning the child to Italy would expose her to physical or psychological harm or otherwise place her in an intolerable position for the purposes of Article 13(1)(b). This risk could not be adequately and effectively mitigated by protective measures. 

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

Return ordered with undertakings offered

1 child wrongfully removed at age 2 – National of Hong Kong – Married parents – Father national of Hong Kong – Mother national of United Kingdom – Court order for father to have contact with the child every two weeks – Child lived in Hong Kong until November 2020 – Application for return filed with the Central Authority of Hong Kong in June 2021 – Return ordered – Main issues: Article 13(1)(b), Undertakings.

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

Return refused

1 child wrongfully removed or retained (disputed) at age 1 – National of UK and USA – Divorced parents – Father national of USA – Mother national of UK and USA – The mother was the primary carer and father had rights of custody – Child lived in USA until April 2019  – Return refused – Main issue: Article 13(1)(b) applied, to order the return of the child would separate him from his mother, who would not travel with him to the USA.

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

Return ordered

Two children wrongfully removed at ages 3 and 1 – Unmarried parents – Father national of Italy – Mother national of United Kingdom – Joint custody– Children lived in Spain until January 2021  – Application for return filed with the courts of England and Wales on 9 February 2021 – Return ordered – Main issue: Article 13(1)(b) did not apply, the situation was unsatisfactory but not intolerable.

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

Return ordered

One child wrongfully removed at age 8 – National of Australia and the UK – Unmarried parents – Father national of Australia and the UK – Mother national of Australia and the UK – Joint custody and pending relocation application – Child lived in Australia until 2020 – Return ordered – Main issues: Article 13(1)(b) not made out. The child objected to returning but the Judge declined to exercise his discretion to refuse to return the child. 

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

Return refused

Two children wrongfully removed at ages 8 and 9 – Nationals of Mexico – Father national of Mexico – Mother national of Mexico – Children lived in Mexico until September 2024 – Return refused – Main issue: Article 13(1)(b), the mother established clear and convincing evidence of abuse

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

Return ordered

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

Return ordered

1 child wrongfully retained at age 6 – National of Mexico – divorced parents – Father national of Mexico – Mother national of Mexico – Joint custody, the child lived with the mother and the father had weekend visitation rights – Child lived in Mexico until May 2022 – Application for return filed with the Mexican Central Authority in June 2025 – Return ordered – Main issues: Though the mother had sole custody of the child, the father retained parental rights which were equivalent to rights of custody under the 1980 Convention. The father's actions did not amount to acquiescence as he had agreed for the child to travel to the US only until May 2025.