Supreme Court, Civil Chamber II, E. 2012/20591 K.2012/26899

INCADAT legal file Hague parental abduction

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Removal and Retention – Arts 3 and 12
The Supreme Court stated: “In order to decide on a return, as much as one does not need to see if there is a decision awarding custody or visitation rights in the Requesting State, if there is such an award, the abduction or retention does not need to be enforced in the Requested State.”
Grave Risk – Art. 13(1)(b)
The mother argued that a return would put the children at risk under Art 13(1)(b). The Supreme Court rejected the argument and considered that the grave risk of harm had not been established.
Authors of the summary : Ziya and Karen Akinci, and Asli Esmer, Turkey

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