2 BvR 1206/98, Bundesverfassungsgericht, 17 August 1998

INCADAT legal file Hague parental abduction

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Information:

Procedural Matters
The Federal Constitutional Court ruled that the constitutional complaint filed by the father was admissible; this justified the issuance of the provisional measure preventing the enforcement of the return decision taken by the Higher Regional Court. The non-enforceability of the decision provided legal certainty until the Federal Constitutional Court had ruled on the merits of the case in the main proceedings.
The Court further noted that it could be decided in the main proceedings whether the constitutional complaint filed by the father on behalf of the children was also admissible.