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Grave Risk - Art. 13(1)(b) | Objections of the Child to a Return - Art. 13(2) | Best Interests of the Child
Return refused
13(1)(b) 13(2)
Habitual Residence - Art. 3 | Grave Risk - Art. 13(1)(b) | Objections of the Child to a Return - Art. 13(2)
3 13(1)(b) 13(2)
Return refused.
Grave Risk - Art. 13(1)(b) | Non-Convention Issues
Appeal allowed, return refused
13(1)(b)
Appeal allowed. The Court set aside the order for return and dismissed the father’s application under the 1980 Hague Convention.
Grave Risk - Art. 13(1)(b)
Case remitted to lower court
Appeal allowed and case remitted for a further hearing.
Appeal dismissed, return ordered
Appeal dismissed, return ordered.
Acquiescence - Art. 13(1)(a) | Grave Risk - Art. 13(1)(b)
13(1)(a) 13(1)(b)
Appeal allowed, return refused. The first instance judge had erred in her approach to determining whether there was a grave risk to the children under Article 13(1)(b).
Decision set aside and matter remitted for rehearing.
Habitual Residence - Art. 3 | Grave Risk - Art. 13(1)(b)
Return ordered
3 13(1)(b)
Order for return of the child to Japan.
Removal and Retention - Arts 3 and 12 | Rights of Custody - Art. 3 | Grave Risk - Art. 13(1)(b) | Jurisdiction Issues - Art. 16 | Best Interests of the Child
Appeal allowed, return ordered
3 13(1)(a) 13(1)(b)