Case Law Search

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

Return ordered

Return ordered.

Note that the mother later appealed this decision, arguing that the judge was wrong to dismiss the Article 13(1)(a) acquiescence and Article 13(1)(b) exceptions to return. The appeal was dismissed and the decision upheld. See case: Re B (1980 Hague Convention: Article 13(a)/(b)), [2025] EWCA Civ 1603, INCADAT ID1671.

Rights of Custody - Art. 3 | Settlement of the Child - Art. 12(2) | Habitual Residence - Art. 3 | Grave Risk - Art. 13(1)(b)

Return ordered

Return ordered. The Social Services of Naples had rights of custody and removal of the child from Italy was wrongful. 

Habitual Residence - Art. 3 | Consent - Art. 13(1)(a) | Rights of Custody - Art. 3 | Grave Risk - Art. 13(1)(b)

Appeal dismissed, return ordered

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.

Objections of the Child to a Return - Art. 13(2)

Appeal dismissed, return refused

Habitual Residence - Art. 3 | Grave Risk - Art. 13(1)(b) | Objections of the Child to a Return - Art. 13(2)

Return refused

Return refused. 

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

Return ordered

Return ordered.

Grave Risk - Art. 13(1)(b) | Settlement of the Child - Art. 12(2) | Procedural Matters

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

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

Return ordered

Wrongful retention of a 4 year old child – Colombian and Salvadorian – Married parents –  Salvadorian mother – Shared rights of custody – the child lived in Colombia since birth until January 2019 – the return request was filed before the Colombian Central Authority in February 2019 – Return ordered – Main issues: habitual residence; removal and retention; art. 13(1)(b) grave risk exception; procedural matters – The habitual residence of the child was in Colombia – The child was wrongfully retained, in breach of the parents’ jointly-exercised rights of custody – The grave risk the child would be exposed to was not established – Measures were ordered to ensure the child’s return to Colombia, such as his return together with his father and his preparation toward the return

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

Appeal dismissed, return ordered

Appeal dismissed and return ordered; the retention was wrongful, the child being habitually resident in Canada at the relevant date.

Non-Convention Issues

Appeal dismissed, return ordered

European Convention on Human Rights (ECHR)

ECrtHR - Violation of Article 8 ECHR, award of damages

European Court of Human Rights held, by 5 votes to 2, that there had been a violation of Article 8 (right to respect for private and family life) of the European Convention on Human Rights.

In 1980 Hague Convention proceedings national authorities were required to examine whether it would be appropriate to hear the child as part of their decision making.

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

Case remitted to lower court

Decision set aside and matter remitted for rehearing. 

Non-Convention Issues | Best Interests of the Child

Appeal dismissed, return ordered

Habitual Residence - Art. 3 | Grave Risk - Art. 13(1)(b) | Best Interests of the Child | Settlement of the Child - Art. 12(2) | Procedural Matters

Appeal dismissed, return ordered

Rights of Custody - Art. 3 | Procedural Matters | Non-Convention Issues

Appeal allowed, return ordered

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

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

Appeal inadmissible; the appellant failed to assert any plea raising a substantial issue.

Rights of Custody - Art. 3

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 | Grave Risk - Art. 13(1)(b) | Best Interests of the Child | Procedural Matters | Interpretation of the Convention

Appeal dismissed, return refused