Michael Pallauf
Alfred R. Kriegler
Decision of the Federal Supreme Court 5A_440/2019 of 2 July 2019
Rights of Custody – Art. 3 The question whether the mother actually exercised custody at the time of the removal of the children concerns Article 3(1)(b) and thus the illegality […]
M.A. v. Austria (Application No 4097/13)
Sofia Povse and Doris Povse v. Austria (Application No 3890/11)
The application related to a child born in December 2006. The parents were not married and lived together in Italy until January 2008. Under Italian law, they shared custody of […]
6Ob230/12k, Oberster Gerichtshof
The case concerned a girl born in 2001. The child lived in Florida (USA), with her parents initially. After they divorced in 2006, the child remained there with her mother. […]
6Ob73/12x, Oberster Gerichtshof
The case concerned one child. The family lived in Portugal. After the parents separated in 2007, the mother obtained sole custody of the child and the father rights of access, […]
1Ob254/11a, Oberster Gerichtshof
The case concerned two children born in 2001 and 2003, living in Spain with their father since their parents’ divorce. After a period of exercise of the right of access […]
6Ob230/11h, Oberster Gerichtshof
The case concerned two children aged 14 and 9, whose mother had sole custody and who had lived with her in Sicily since 2009. The children went to visit their […]
2Ob90/10i, Oberster Gerichtshof
The case concerned a child born in 2007 as a result of a relationship between a Spanish man and a Serbian woman. The family lived in Spain. On 1 July […]