Case Law Search

Habitual Residence - Art. 3

Appeal allowed, return ordered

Two children wrongfully removed at age 1 – nationals of the Netherlands – married parents – father national of the Netherlands – mother national of the Netherlands – joint custody – children lived in Spain until 15 September 2018 - application for return filed with the court of the Hague on 16 November 2018 - return ordered – main issue: habitual residence, at any given time, a child can only have one place of habitual residence

Habitual Residence - Art. 3 | Rights of Custody - Art. 3

Appeal dismissed, return ordered

1 child wrongfully retained at age 2 – Unmarried parents – Father national of Italy – Mother national of France – Italian court granted joint custody rights and decided that the child should live with the mother – Child lived in Italy until December 2015 – Application for return filed with the Central Authority of Italy in September 2016 - Application dismissed – Main issues: Rights of custody, habitual residence – It is up to the taking parent to prove that the left-behind parent was not exercising his rights of custody at the time of the removal or retention – It is for the authorities of the requesting State to determine the arrangements for the reception of the child upon her return

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

Appeal allowed, return refused

One child wrongfully retained at age 3 - Dual British-American national - Parents married in 2018 but separated in 2023 -  Father American national - Mother British national - Family lived in Texas, USA until mother wrongfully retained child in UK in February 2023 - Father applied for return in England on 22 June 2023 - Return ordered by consent - Mother appealed this based on a lack of consent and absence of protective measures in light of alleged abuse - Main issues: grave risk (Article 13(1)(b) and protective measures; Lack of proper consent - Court found the protective measures were ineffective and not enforceable in Texas, and absence of agreement - Appeal allowed, return refused, and case remitted to lower court.

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

Appeal allowed and return ordered; Article 13(1)(b) had not been proved to the standard required under the 1980 Hague Child Abduction Convention.

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

Return ordered

Return ordered.

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

Case remitted to lower court

Three children wrongfully removed aged 4, nearly 3, and 19 months - All children born in Spain - Unmarried parents - Father national of Morocco - Mother national of UK - Children placed in foster care by Spanish authorities in September 2020 - Children returned to their parents in April 2021 - Children lived in Spain until the mother wrongfully removed them to England on 23 August 2021 - Application for return filed with the Central Authority of England and Wales on 25 February 2022 by the father - Return ordered - Mother appealed under art.13(1)(a) and (b) - Appeal allowed, case remitted - Main issues: first instance judge should have heard oral evidence on the issue of consent and should have considered allegations under art.13(1)(b) collectively, not independently

Objections of the Child to a Return - Art. 13(2) | Rights of Access - Art. 21 | Non-Convention Issues

Application accepted and new access order issued.

Rights of Custody - Art. 3 | Objections of the Child to a Return - Art. 13(2) | Procedural Matters

Return refused

Return refused; the removal was wrongful but the children validly objected to their return.

Non-Convention Issues

Return ordered

Return ordered, subject to the prior payment by the father of travel expenses and reasonable maintenance in Japan for the duration of the proceedings.

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

Appeal allowed and case remitted to a different judge of the Ontario Court of Justice to re-determine the Article 13(1)(b) issues.

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

Appeal dismissed, return ordered

The complaint (Beschwerde) appeal lodged by the mother was refused, the child should be returned to the USA.

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

Appeal dismissed, return ordered

Appeal dismissed and return ordered; removal wrongful and none of the exceptions had been established to the standard required under the Convention.

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

Appeal dismissed, return ordered

Appeal dismissed; none of the exceptions raised by the mother was applicable.

Return ordered

Two children wrongfully removed and retained – Children lived in the United States of America until November 2019 – Return ordered – Main issue: COVID-19 determination of urgency – Hague Convention abduction applications are urgent matters that should be dealt with, even during the suspension of regular court operation.

Human Rights - Art. 20

Application for retrial inadmissible: a remedy was available through another ordinary channel.

Habitual Residence - Art. 3 | Consent - Art. 13(1)(a) | Jurisdiction Issues - Art. 16

Appeal allowed, return refused

Appeal allowed and return refused; regard had to be paid to the terms of the provisional order of the Czech District Court permitting the children to live with the mother in Sweden.

Rights of Custody - Art. 3 | Rights of Access - Art. 21

Appeal inadmissible as it did not raise a sufficiently significant issue of law.

Procedural Matters |

Appeal dismissed, return refused

1 child wrongfully removed at age 6 – National of Peru – Father national of Peru – Mother national of Peru – Temporary award of joint custody by Peruvian Court – Child lived in Peru until October 2019 – Application for return filed with the courts of Ontario in March 2020 – Return refused in first instance – Appeal dismissed – Main issue: Procedural matters – Conduct of hearing led to undue delay and contravened obligation for prompt resolution under the Convention. 

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

Application allowed and partially founded. The child's return to Spain was ordered as the retention was wrongful and the grave risk exception invoked was not applicable.

Habitual Residence - Art. 3 | Settlement of the Child - Art. 12(2)

Return ordered

Return ordered; the removal wrongful and the exception invoked, Article 12(2), was not applicable.