Rights of Custody - Art. 3
Appeal dismissed, return ordered
3 5 15
2 children wrongfully removed at ages 5 and 6 – Unmarried parents – After separation the mother obtained an ex parte interim order granting her sole custody – Children lived in Canada until July 2011 – Application for return filed with the Central Authority of Germany on 15 June 2012 - British Columbia Supreme Court issued a decision / declaration under Art. 15 of the 1980 Hague Child Abduction Convention that the removal was wrongful on 9 July 2012 - Return ordered by the German Court of Schleswig on 23 July 2012 – Main issue: rights of custody – While a final determination of custody has yet to be made but custody has been awarded on an interim basis, the court retains rights of custody within the meaning of the Convention – This principle is not affected by the absence of a non-removal clause in an interim order
Appeal allowed, application dismissed
1 3 4 5 15 21
Appeal allowed and application dismissed; the removal of the child did not breach any rights of custody and was not therefore wrongful.
Grave Risk - Art. 13(1)(b) | Human Rights - Art. 20 | Procedural Matters
Appeal allowed, return refused
13(1)(b) 13(2) 15 20
Appeal was allowed and the decisions of the first instance and the Appellate Court were annulled. Although the removal was considered wrongful, the Court held that the return should be refused under the terms of Articles 13 (1)(b) and 20 of the Hague Child Abduction Convention.
Aims of the Convention - Preamble, Arts 1 and 2 | Rights of Custody - Art. 3 | Grave Risk - Art. 13(1)(b) | Undertakings | Interpretation of the Convention
1 3 5 11 12 13(1)(b) 15 16
Appeal dismissed and return ordered forthwith subject to undertakings. The child had been wrongfully removed and none of the exceptions applied.
3 5 12 15
Leave to appeal refused and return application dismissed; there had been no wrongful removal because the father did not have rights of custody at the moment of the removal.
