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

Return refused

Two children wrongfully removed at ages 8 and 9 – Nationals of Mexico – Father national of Mexico – Mother national of Mexico – Children lived in Mexico until September 2024 – Return refused – Main issue: Article 13(1)(b), the mother established clear and convincing evidence of abuse

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

Return ordered

1 child wrongfully removed at age 5 – Divorced parents – Father national of [State(s)] – Joint custody. Mother was the primary carer and father had rights of access – Child was born in USA but moved with the family to Colombia. He was wrongfully retained in the USA by the mother in 2024 and, after return to Colombia, wrongfully removed to the USA again in December 2025  – Application for return filed on 19 December 2025 – Return ordered – Main issues: Article 3, the father had rights of custody and the child was habitually resident in Colombia, the Court placed little weight on the evidence concerning the child’s settlement in the United States in the time following the wrongful retention.

Removal and Retention - Arts 3 and 12 | Habitual Residence - Art. 3

Return ordered

Two children wrongfully rretained ages 8 and 4 – Nationals of USA and Germany– Divorced parents – Father national of USA – Mother national of Germany – Joint custody with order giving the mother delegated right to determine the children's residence – Children lived in Germany until August 2025  Return ordered  – Main issue: Article 3, the wrongful retention began when the father withheld the children’s passports. 

Habitual Residence - Art. 3

Return ordered

1 child wrongfully retained at age 2 – National of USA and Sweden – Married parents – Father national of Sweden – Mother national of USA – Joint custody – Child was born in USA and lived in Sweden between July 2023 and January 2025 – Return ordered – Main issue: Article 3, the child was habitually resident in Sweden at the time of the wrongful retention. Due to the child’s young age, the court considered both the intentions and circumstances of the parents and the facts indicating the child’s settlement.

Rights of Custody - Art. 3 | Consent - Art. 13(1)(a) | Settlement of the Child - Art. 12(2) | Grave Risk - Art. 13(1)(b) | Procedural Matters | Issues Relating to Return

Appeal allowed, return ordered

Removal and Retention - Arts 3 and 12 | Grave Risk - Art. 13(1)(b) | Settlement of the Child - Art. 12(2)

Appeal allowed, return refused

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

Appeal dismissed, return refused

2 children wrongfully retained at ages 14 and 8 (this appeal concerned only the older child) – National of UK with US Green Card – Father national of UK with US Green Card– Mother national of UK with US Green Card – Joint custody – Child lived in USA until July 2025 – Application for return filed on 1 August 2025 – Return refused – Main issue: Article 13(1)(b), the views of the child can be taken into account in assessing whether there is a grave risk.

Grave Risk - Art. 13(1)(b) | Objections of the Child to a Return - Art. 13(2) | Aims of the Convention - Preamble, Arts 1 and 2

Return ordered

One child wrongfully removed at age 8 – National of Australia and the UK – Unmarried parents – Father national of Australia and the UK – Mother national of Australia and the UK – Joint custody and pending relocation application – Child lived in Australia until 2020 – Return ordered – Main issues: Article 13(1)(b) not made out. The child objected to returning but the Judge declined to exercise his discretion to refuse to return the child. 

Rights of Custody - Art. 3 | Grave Risk - Art. 13(1)(b) | Non-Convention Issues

Return ordered with undertakings offered

Two children wrongfully removed, both age 6 – Unmarried parents – Father national of Ireland – Mother national of United Kingdom – Joint custody – Children lived in Ireland until September 2020 – Return ordered – Main issue: Article 3, father had rights of custody under Irish law; Article 13(1)(b), there was no grave risk of harm to the children on return to Ireland; Non-Convention issues, a relocation order was made with regard to the mother’s child with a new partner. 

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

Return ordered

Two children wrongfully removed at ages 3 and 1 – Unmarried parents – Father national of Italy – Mother national of United Kingdom – Joint custody– Children lived in Spain until January 2021  – Application for return filed with the courts of England and Wales on 9 February 2021 – Return ordered – Main issue: Article 13(1)(b) did not apply, the situation was unsatisfactory but not intolerable.