1Ob648/92 (1Ob649/92), Oberster Gerichtshof
The two children concerned were born to married parents. Since the summer of 1989 they lived with their maternal grandparents in Hungary. The grandmother applied for custody of the children. On 23 and 24 April 1990 the Council of the 13th Canton of Budapest awarded interim custody to the grandmother who was also designated guardian […]
8Ob535/92, Oberster Gerichtshof
Interpretation of the Convention The Supreme Court emphasized that the Convention entered into force in the United States of America on 1 July 1988, i.e., shortly before the wrongful retention of the child. The Court added that the Convention nevertheless entered into force in Austria shortly after the retention (on 1 October 1988). It was […]
2Ob596/91, Oberster Gerichtshof
The three children, two boys and a girl, were aged 10, 7 and 5 at the date of the alleged wrongful removal. The parents divorced in England in 1988. Custody was transferred to the mother and the father was granted a right of access. The court further ordered that the children were not allowed to […]
1Ob550/92, Oberster Gerichtshof
The children, a boy and a girl, were 7 and 8 years old at the date of the alleged wrongful removal. The parents were divorced. By a provisional decision, which became final after the removal, the competent Hungarian child welfare authority had transferred custody of both children to their grandmother. On 22 June 1991 the […]
43R644/91 Landesgericht f?r Zivilrechtssachen Wien
The children, two girls, were 6 and 3 years old at the date of the alleged wrongful retention. They had lived in the United Kingdom with both of their parents since birth. The parents were married. On 29 July 1991 the mother came to Austria for a holiday with the father’s consent. The mother subsequently […]
4Ob538/92, Oberster Gerichtshof
The child, a boy, was aged 23 months at the date of the allegedly wrongful retention. He had lived with his family in California for the whole of his life. On 3 October 1991 the mother took the child, with the agreement of the father, on holiday to his grandparents in Austria. They were expected […]
43R466/90 Landesgericht f?r Zivilrechtssachen Wien
The child, a boy, was 6 years old at the date of the alleged wrongful removal. He had lived in Spain with both of his parents since his birth. The parents were married and had joint rights of custody. On 8 February 1990 the mother travelled to Austria with the child without informing the father. […]
1Ob614/90 Oberster Gerichtshof
The child, a girl, was approximately 7 years old at the time of the allegedly wrongful removal. She had been living in Austria with her married parents since birth. On 16 January 1990 the mother took the child with her to the United States of America, leaving the father with only a letter of goodbye […]
7Ob573/90 Oberster Gerichtshof
The child, a girl, was 15 months old at the date of the alleged wrongful removal. She had lived in Spain since birth. The parents were married and both had joint rights of custody. On 26 June 1988 the mother brought the child to Austria without the consent of the father. On 29 December 1989 […]
