1Ob176/09b, Oberster Gerichtshof

INCADAT legal file Hague parental abduction

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The case concerned twins of a Franco-Austrian mother and French father who were not married. The family had lived in France until December 2008. The father was violent towards the mother but it had not been demonstrated that he had been violent towards the children, or that he had sexually abused them. The mother took the children to Austria on 18 December 2008.
On 25 February 2009, the father applied for the return of the children. His application was allowed at first instance by the District Court in Vienna (Bezirksgericht Innere Stadt Wien).
On 25 June 2009, the Court of Appeal (Landesgericht f?r Zivilrechtssachen Wien) confirmed the order for return, ordered the mother to reimburse the father’s expenses but put a condition on the return order that the French authorities prove that the necessary protective measures had been taken with regard to the children, particularly in light of suspicions of sexual abuse by the father. Both parents appealed against this decision.