Order issued by Koblenz Higher Regional Court ? 13 UF 67/20
The child was born in Trier, Germany, in March 2018. In May 2018, the father acknowledged paternity of the child. In early July 2018, the family moved to Spain and from December 2018 onwards, rented an apartment in Madrid. The family registered in the Register of Residents, enrolled the child in preschool and also took […]
OLG Thüringen – 1 UF 11 20 – 17 March 2020
In its order dated 9 December 2019 (File No: 47 F 632/19), Jena Local Court ordered the return of the child, who was born in December 2017, to Australia. The child’s mother’s complaint (Beschwerde) appeal against this was rejected by way of a decision issued by Thuringia Higher Regional Court dated 3 March 2020 (File […]
Re P (Abduction: Child’s Objections) [2020] EWCA Civ 260
The mother and father are German nationals. They married in 2005 and had three children. The parents separated in 2012 and the children lived with the mother and had regular contact with the father. German social services became involved in 2014. Contact with the father stopped in 2015 and in 2016 he applied to the […]
AG Karlsruhe 2 F 1701 19
Removal and Retention – Arts 3 and 12 The court was of the view that the mother was not authorized to move with the children to Germany without the father’s prior consent. The court’s emergency decision was not associated with permission to move with the children to Germany; furthermore, the decision was only provisional. The […]
Ludwig v. Ludwig, 2019 ONCA 680
The father, a German citizen, and the mother, a Canadian citizen, married in 2001 and had four children (born in 2003, 2005, 2006 and 2009). They lived almost exclusively in Germany from their marriage until August 3, 2017, when they moved with their children to Ontario, Canada. The father entered Canada as a visitor and […]
Decision of the Federal Supreme Court 5A_1021/2017 of 8 march 2018
R?sidence habituelle – art. 3 Le principe du recours exclusif au rattachement ? la r?sidence habituelle de l’enfant, consacr? notamment dans la CLaH80, s’oppose ? ce qu’un enfant jouisse, d’un point de vue juridique au moins, de plusieurs r?sidences habituelles. En revanche, un enfant peut avoir « deux r?sidences habituelles alternatives et successives », en […]
Oberlandesgericht N?rnberg (Nuremberg Higher Regional Court), 7 UF 660/17, 05 July 2017
The Applicant father and the Respondent mother had a daughter together, born on 22 February 2014. They lived together with the child and an older daughter of the mother in France. In June 2018 the mother travelled to Germany and gave birth to another child, whose biological father is the Applicant. The mother returned to […]
Balev v. Baggott, 2016 ONCA 680
County Court of Zagreb, No. 1 Gž Ob-1456/2016-2 of 2 December 2016
The proceedings were initiated after the father filed an application for the return of the child to Germany with the German Central Authority. The mother removed the child from their family home in Germany on 6 April 2016 without the father’s prior knowledge or consent. At the time of the removal the child was three […]
Municipal Court of Rijeka, No. R1 Ob-336/16 of 27 July 2016
The procedure for the return of the retained child was initiated by the father. The mother came to Croatia in December 2015 to assist with the care of her sick mother. With the express consent of the father, the child came with the mother. She owned a flat in Croatia and began actively looking for […]