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
Appeal dismissed, return ordered
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.
Aims of the Convention - Preamble, Arts 1 and 2 | Rights of Custody - Art. 3 | Procedural Matters | Interpretation of the Convention
1 3 5 11 12 13(1)(a) 13(1)(b) 13(2) 21 13(3)
The court found that the Convention was not applicable to the case but dismissed the appeal on the basis that the child's interests were best served by a return to the United States.
Rights of Custody - Art. 3 | Grave Risk - Art. 13(1)(b)
3 5 13(1)(b)
Challenge rejected and return order confirmed. The removal was wrongful and the court of appeal had correctly found the Article 13(1)(b) exception to be inapplicable.
Rights of Custody - Art. 3 | Article 15 Decision or Determination
Appeal allowed, return refused
3 5
Appeal allowed, return refused: the removal of the children was not wrongful.
Habitual Residence - Art. 3 | Consent - Art. 13(1)(a) | Rights of Custody - Art. 3 | Grave Risk - Art. 13(1)(b)
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.
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.
Rights of Custody - Art. 3 | Acquiescence - Art. 13(1)(a) | Grave Risk - Art. 13(1)(b) | Issues Relating to Return | Procedural Matters
3 5 13(1)(a) 13(1)(b) 26
Appeal dismissed, return ordered. The removal was wrongful and none of the exceptions invoked was applicable.
