Karlsruhe Higher Regional Court, 2 UF 266/14, 16 December 2014

INCADAT legal file Hague parental abduction

Rights of Custody – Art. 3 As provided for by Hungarian law, the parents had joint custody of their son. His place of habitual residence was in Hungary, where he had lived since birth. The father had been exercising his rights of custody. The court emphasised that no unnecessarily high demands could be made of […]

Szalas v. Szabo, [1995] O.J. No. 3632 (Gen. Div.)

INCADAT legal file Hague parental abduction

The mother and father, Hungarian nationals, were married in Hungary in 1980. After they separated, the mother, with the consent of the father, took custody of their two children, a girl born in 1981 and a boy born in 1984. The father later remarried and emigrated to Canada in 1990. The two children visited the […]

Viragh v. Foldes, 415 Mass 96, 612 N.E.2d 241 (Mass. 1993)

INCADAT legal file Hague parental abduction

The children, two boys, were 6 and 8 at the date of the alleged wrongful removal. They had spent all of their lives in Hungary. The parents were divorced, the mother having been awarded custody, the father access. On 11 November 1990 the mother took the boys to the United States to join her new […]

1Ob648/92 (1Ob649/92), Oberster Gerichtshof

INCADAT legal file Hague parental abduction

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 […]