Habitual Residence - Art. 3 | Grave Risk - Art. 13(1)(b) | Objections of the Child to a Return - Art. 13(2)
Return refused
3 13(1)(b) 13(2)
Return refused.
Rights of Custody - Art. 3 | Procedural Matters | Non-Convention Issues
Appeal allowed, return ordered
3
Appeal allowed and return ordered; but if the mother were to be given permission by the Northern Ireland High Court to raise one of the Article 13 exceptions, then the return order could be stayed until the latter application was heard.
Aims of the Convention - Preamble, Arts 1 and 2 | Grave Risk - Art. 13(1)(b) | Undertakings | Role of the Central Authorities - Arts 6 - 10 | Procedural Matters
Appeal dismissed, return ordered with undertakings offered
1 3 7 13(1)(b)
Appeal dismissed and return ordered subject to undertakings by both parents; the retention of the child had been wrongful, and the grave risk of harm exception had not been established.
Rights of Custody - Art. 3 | Grave Risk - Art. 13(1)(b) | Procedural Matters
1 3 5 13(1)(b)
Appeal inadmissible; the appellant failed to assert any plea raising a substantial issue.
Rights of Custody - Art. 3
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.
Grave Risk - Art. 13(1)(b) | Settlement of the Child - Art. 12(2) | Procedural Matters
Appeal dismissed, return ordered
3 13(1)(b) 12(2)
1 child wrongfully removed aged less than one year old - Unmarried parents - Joint custody - Child lived in Greece until May 2010 - Application for return filed in April 2011 - Return ordered - Main issues: Settlement of the child, Art. 13(1)(b) grave risk exception to return, procedural matters - Art. 12(2) of the 1980 Hague Child Abduction Convention only applies where return proceedings have been commenced after a period of more than one year has elapsed since the date of the wrongful removal
Case remitted to lower court
3 13(1)(a) 13(1)(b)
1 child allegedly wrongfully removed - Married parents - Father national of Italy - Mother national of Italy - Joint custody - Child lived in Belgium until February 2014 - Return refused - Main issues: Rights of custody - A removal cannot be considered wrongful if it did not breach custody rights that were actually exercised at the time of the removal
Appeal allowed, return refused
1 3 5
1 child allegedly wrongfully removed at age 11 – Divorced parents – Father national of France and Morocco – Mother national of France – Full custody rights automatically awarded to the mother after the divorce under Moroccan law – Child lived in Morocco until October 2014 – Application for return filed with the Juge aux affaires familiales of France in December 2014 – Return refused – Main issue: Rights of custody – Rights of custody, including in particular the right to determine the child’s place of residence, has to be determined in accordance with the law of the State where the child had his habitual residence immediately before the removal
Habitual Residence - Art. 3 | Grave Risk - Art. 13(1)(b) | Best Interests of the Child | Settlement of the Child - Art. 12(2) | Procedural Matters
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
