Simpson v Hamilton [2019] NZCA 579
The parents, both German nationals, lived together and had a child in Germany. In 2014 the mother took the child to New Zealand without the consent of the father. In 2016 the father discovered that they were in New Zealand and made an application to the German Central Authority for the return of the child […]
OLG Karlsruhe 2 UF 200 19 – 25 June 2020
Karlsruhe Local Court had obligated the mother, in its order dated 14 November 2019 (File No: 2 F 1701/19, INCADAT Case No: 1468) to effect, within two weeks, the return of the two children, one born in December 2015 and the other born in August 2017, to the U.S. State of Connecticut. Among other things, […]
OLG Karlsruhe 2 UF 200 19 (Bes. Haftbef.)- 25 June 2020
The mother had been ordered, by means of an order issued by Karlsruhe Local Court dated 14 November 2019 (File No: 2 F 1701/19, INCADAT Case No: 1468) to return the children, one born in December 2015, the other born in August 2017, to the U.S.A. Her complaint (Beschwerde) appeal against this was rejected by […]
Rinau v. Lithuania (Application no. 10926/09)
The parents married in Germany and had a daughter in 2005. The father is a German citizen and the mother a Lithuanian citizen. The parents had joint parental responsibility of the child. The mother also had an older son from a previous marriage. In 2005 the parents began living separately. The child remained with her […]
KG Berlin – 16 UF 22/20 – 6 April 2020
In the order issued by Pankow/Wei??ensee Local Court (File ref.: 13 F 8440/19, INCADAT Case No 1473), the mother was obliged to return the child to the district where the father was resident in the USA. The reasoning provided by the court was that the mother was wrongfully retaining the child in Berlin following a […]
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 […]
