Oberlandesgericht Celle, 18 UF 34/99, 17 August 1999
The child, a girl, was 8 _ months at the date of the alleged wrongful removal. She had lived in the United States since birth. On 28 September 1998 the Los Angeles Superior Court granted the mother temporary custody. A final hearing was scheduled for 16 October. On 4 October the mother took the child […]
7 UF 39/99, Oberlandesgericht Bamberg
The application related to a child born in 1996. He had spent his entire life in the United States with his parents until he was taken by his mother to Germany in December 1997. The purpose of this trip was the subject of dispute, it was the mother’s case that it was a permanent relocation, […]
Bundesverfassungsgericht, 2 BvR 420/99, 9 March 1999
The case concerned two children born in 1993 and 1995. The family lived in Sweden and the parents had joint custody. The parents separated a first time in February 1997. The father permitted the mother to take the children to Germany. However, pursuant to the mother’s admission to hospital in June, the father returned the […]
2 UF 156/98, Oberlandesgericht Zweibr?cken
L’enfant, n? en juillet 1997 en Allemagne, ?tait ?g? d’un an ? la date du d?placement dont le caract?re illicite ?tait all?gu?. Le 16 juin 1998, les parents s’?taient s?par?s d’un commun accord. En juillet, la m?re alla aux Etats-Unis avec l’enfant. Le p?re saisit le juge aux affaires familiales (Familiengericht) de Landstuhl en vue […]
4 UF 223/98, Oberlandesgericht D?sseldorf
Removal and Retention – Arts 3 and 12 It was not seriously disputed by the mother that her actions in retaining the child were wrongful. Grave Risk – Art. 13(1)(b) It was noted that on the two evenings following the appeal hearing the child had suffered an asthma attack and had been placed under observation […]
Bundesverfassungsgericht, 2 BvR 1206/98, 29 October 1998
The children, a boy and a girl, were 6 2/3 and 3 respectively at the date of the first alleged wrongful removal. They had until then lived in Germany all of their lives. The parents were separated and had joint rights of custody. On 17 February 1997 in a custody hearing in Germany the mother […]
562 f 4374/98, Familiengericht M?nchen (Family Court of Munich) (Germany), 23 October 1998
The child, a boy, was 1 at the date of the alleged wrongful retention. He had lived in both the United States and Germany. The parents were separated. On 27 April 1998 the Circuit Court for Baltimore County declared binding a parental agreement whereby the parents were to have joint legal custody of the child. […]
2 BvR 1206/98, Bundesverfassungsgericht, 17 August 1998
Procedural Matters The Federal Constitutional Court ruled that the constitutional complaint filed by the father was admissible; this justified the issuance of the provisional measure preventing the enforcement of the return decision taken by the Higher Regional Court. The non-enforceability of the decision provided legal certainty until the Federal Constitutional Court had ruled on the […]
2 BvR 1206/98, Bundesverfassungsgericht, 16 July 1998
35 F 1162/98-52, Familiengericht Frankfurt (Family Court) (Germany), 16 October 1998
Rights of Custody – Art. 3 The court held that while the father possessed joint rights of custody he could not establish that he was actually exercising those rights at the time of the child’s removal. The child lived with the mother in Florida following the parental separation. The court found that the father did […]