Acquiescence - Art. 13(1)(a) | Procedural Matters
Appeal dismissed, return ordered
1 3 12 13(1)(a)
Appeal dismissed and return ordered; the retention was wrongful and none of the exceptions had been proved to the standard required by the Convention.
Habitual Residence - Art. 3 | Rights of Custody - Art. 3 | Grave Risk - Art. 13(1)(b)
Return ordered
3 12 13(1)(b)
Habitual Residence - Art. 3 | Rights of Custody - Art. 3 | Grave Risk - Art. 13(1)(b) | Undertakings
Return ordered subject to undertakings
3 5 12 13(1)(a) 13(1)(b) 14
Removal wrongful and return ordered; Article 13(1)(b) had not been proved to the standard required under the Convention.
Objections of the Child to a Return - Art. 13(2) | Procedural Matters
3 12 13(1)(a) 13(1)(b) 13(2) 27
Return ordered.
Habitual Residence - Art. 3 | Removal and Retention - Arts 3 and 12 | Settlement of the Child - Art. 12(2) | Grave Risk - Art. 13(1)(b) | Procedural Matters |
1 3 5 12 13(1)(b)
Wrongful retention of the child – Separate parents – Custody rights were jointly exercised – The child lived in Spain until the August 11, 2014 – The request for return was filed before the Central Authority of Spain in September 2014 – Return ordered – Main issues: Habitual residence, removal and retention, settlement of the child, art. 13(1)(b) grave risk exception, procedural matters – The habitual residence of the child prior to the wrongful removal was in Spain – There was wrongful retention in breach of the right of custody which was exercised jointly according to the agreement signed by the mother and father – The settlement of the child was not evaluated because the one year period established by the Convention to that effect had not elapsed – The evidence did not contribute to determine whether there had been sexual abuse, on the contrary, a true demonstration of the risk was necessary to justify applying article 13(1)(b) - The Central Authority of Spain was urged to take measures to protect the child and to do a follow up of the case to provide the father with the necessary support.
Removal and Retention - Arts 3 and 12 | Rights of Custody - Art. 3 | Grave Risk - Art. 13(1)(b)
3 4 5 12 13(1)(b)
Appeal dismissed, return ordered. The removal was wrongful and none of the exceptions raised applied.
Consent - Art. 13(1)(a) | Acquiescence - Art. 13(1)(a)
Appeal allowed, return refused
12 13(1)(a) 13(1)(b)
Appeal allowed and return refused; by a 2:1 majority the Court found that Article 13(1)(a) of the 1980 Hague Child Abduction Convention had been activated, one judge found that this was on the basis of consent, the other as a result of acquiescence.
Removal and Retention - Arts 3 and 12 | Rights of Custody - Art. 3 | Grave Risk - Art. 13(1)(b) | Undertakings
3 5 12 13(1)(b) 14
Non-Convention Issues
Return refused
12 13(1)(b) 20
The return of the child was barred as a consequence of his pending asylum appeal.
Grave Risk - Art. 13(1)(b) | Settlement of the Child - Art. 12(2)
12 13(1)(b)
Removal and Retention - Arts 3 and 12 | Grave Risk - Art. 13(1)(b) | Objections of the Child to a Return - Art. 13(2) | Procedural Matters
3 12 13(1)(b) 13(2)
Appeal dismissed, return ordered. The removal was wrongful and the exceptions inapplicable.
Removal and Retention - Arts 3 and 12 | Grave Risk - Art. 13(1)(b) | Procedural Matters
