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International Family Law

The leading authority on international family law

06 DEC 2012

B v Belgium Application No 4320/11; (2012) (no transcript available yet, only available in French)

Custody order made - Hague Convention, article 13(b) - Grave risk of harm - Whether court's order amounts to breach of mother's ECHR, Art 8 rights

10 July 2012

European Court of Human Rights


The child of a Belgium mother and American father was born in the United States in 2003. The parents had separated during the pregnancy. The child lived with the mother until 2007. In 2008, a detailed custody arrangement was agreed whereby the child would alternate between the parents. In October 2008, the mother moved with the child to Belgium without the father's consent. On 24 December 2008, a US Court ordered that the mother to return to the US and awarded sole custody of the child to the father. The father then applied in Belgium under the Hague Convention for return of the child.

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