Case Law Search

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

Return ordered

Return ordered. The father's allegations were not so severe as to constitute a grave risk of harm within the meaning of Article 13(1)(b) and the elder child was not sufficiently mature to take her objections into account. 

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

Return ordered

Removal wrongful and return ordered; the child was habitually resident in France and Article 13(1)(b) had not been proved to the standard required under the Convention.

Habitual Residence - Art. 3 | 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 removal was wrongful and none of the exceptions had been established.

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

Appeal dismissed, return ordered

Habitual Residence - 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, return ordered. The retention was considered wrongful. The grave risk exception under Article 13(1)(b), raised by the defendant on appeal, had not been established. The children's opinions did not suggest a strong opposition that would be sufficient to constitute the exception to return under Article 13(2).

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

Application dismissed

Appeal allowed and return ordered; the Article 13(1)(b) exception was no longer established.

Acquiescence - Art. 13(1)(a) | Human Rights - Art. 20 | Procedural Matters | Grave Risk - Art. 13(1)(b) | Best Interests of the Child

Appeal allowed, return refused

Appeal allowed, return denied. The girls had developed significant relations in Costa Rica (at school, with their family and social network) so return could imply serious consequences for the children. A return would, therefore, be contrary to the children's best interests, to Article 51 of the Political Constitution of Costa Rica and Article 3 of the United Nations Convention on the Rights of the Child of 20 November 1989. The Court also ruled that the exception to return in Article 20 of the 1980 Hague Child Abduction Convention was applicable.

Habitual Residence - Art. 3 | Removal and Retention - Arts 3 and 12 | Grave Risk - Art. 13(1)(b) | Best Interests of the Child

Appeal dismissed, return ordered with undertakings offered

Unlawful retention of a one-year-old child – Argentine national – Married parents – Father was an Argentine national – Mother was a Uruguayan national – Both parents held custodial rights – The child lived in Argentina until July 2015 – The restitution request was submitted to the Argentine Central Authority – Appeal granted, return ordered – Key issues: Article 3 (habitual residence), Articles 3 and 12 (removal and retention), Article 13(1)(b) (grave risk exception), Best interests of the child – The child's habitual residence was Argentina – The retention was deemed unlawful as the mother lacked the other parent’s consent – No grave risk was established, as Argentina had judicial mechanisms to protect the mother and child.

Inter-American Convention on the International Return of Children

Return refused

Wrongful removal of three girls when they were 15, 10 and 7 years old - Paraguayan – married parents – Paraguayan father – Paraguayan mother – the girls lived in Paraguay until October 2018 – the return request was filed before the Paraguayan Central Authority – return refused – main issues: grave risk, human rights, procedural matters, best interest of the child – returned exposed the girls to a true risk of suffering psychological and physical harm, since they were victims of their father’s violence, as well as their mother was – return would amount to a violation of their dignity due to the violence exerted by their father – considering that the mother had returned to Paraguay, the maternal grandmother was given provisional care for a 90-day period until the girls returned to Paraguay with their mother

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

Return ordered

Return ordered. The children’s objections and Article 13(1)(b) exceptions to return were not established. Any welfare issues must be resolved by the home court in the Republic of Ireland. 

Removal and Retention - Arts 3 and 12 | Acquiescence - Art. 13(1)(a) | Grave Risk - Art. 13(1)(b) | Settlement of the Child - Art. 12(2) | Issues Relating to Return | Procedural Matters

European Convention on Human Rights (ECHR) | Procedural Matters

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

Appeal dismissed, return ordered

Appeal dismissed and return ordered; the District Court had not erred in deciding the case on the basis of the pleadings as elucidated by the parties' arguments at the preliminary hearing; the removal was wrongful and the Article 13(1)(b) exception had not been established.

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

Appeal allowed and case remitted to the District Court; in a majority ruling it was found that the evidentiary hearing before the District Court had been inadequate, in that the trial judge had failed to make findings of fact on key issues and had failed to allow psychological evidence.

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

Appeal dismissed, 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) | Issues Relating to Return | Procedural Matters

Appeal allowed, return ordered

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

Return refused

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

Retention wrongful and return ordered; none of the exceptions had been established.

Aims of the Convention - Preamble, Arts 1 and 2 | Grave Risk - Art. 13(1)(b) | Undertakings | Human Rights - Art. 20

Appeal dismissed, return ordered with undertakings offered

Appeal dismissed and return ordered with undertakings offered; the standard required under Article 13(1)(b) to indicate that the child would face a grave risk of harm had not been met.

Grave Risk - Art. 13(1)(b) | Human Rights - Art. 20 | Procedural Matters

Return ordered

Retention wrongful and return ordered; the standard required under Article 13(1)(b) to indicate that the children would face an intolerable situation had not been met.