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 |
Appeal dismissed, return ordered
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.
Removal and Retention - Arts 3 and 12 | Rights of Custody - Art. 3 | Grave Risk - Art. 13(1)(b) | Undertakings
Return ordered subject to undertakings
3 5 12 13(1)(b) 14
Removal wrongful and return ordered; Article 13(1)(b) had not been proved to the standard required under the Convention.
