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 of the violation of custody. Article 3(1)(b) has to be read in the light of the Convention’s concern to establish the status quo ante; children […]
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 the child. When the parents separated, the mother took the child from the family home. Although the father obtained an order preventing the mother from […]
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. The divorce judgment awarded shared custody to the parents, who had decided at that time that the child would reside with her mother apart from […]
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, that he exercised as frequently as possible. In August 2011 the mother moved to Austria with the child, as she was unable to find employment […]
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 in Austria, the mother failed to return the children to Spain. A few days before the end of the visit, the mother had applied to […]
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 father in Austria for the Easter holiday. They did not return to Sicily as planned because the elder wished to remain in Austria. The mother […]
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 2008, the mother took the child to Austria, then to Serbia and again to Austria. She had previously demanded the father to consent in writing […]
