5P.115/2006 /bnm, II. Zivilabteilung, Bundesgericht

INCADAT legal file Hague parental abduction

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The application related to a child born in 1999. The parents were married and the family lived in Italy. In June 2002 the mother took the child to Switzerland and refused to return. The father issued return proceedings and after a series of judgments the mother finally returned to Italy with the child. In December 2003 the mother again took the child to Switzerland.
On 12 July 2004 the cour d’appel at Lucerne ordered the mother to return the child before 31 July. On 15 October 2004 the Tribunal f?d?ral found that a legal challenge made by the mother was admissible, but the court rejected the challenge on their merits. The child was still not return and his location could not be determined.
On 24 January 2006 the mother sought the revision of the decision of 2004 as well as legal aid. On 15 February 2006 her applications were dismissed by the cour d’appel at Lucerne. The mother again made a legal challenge to the Tribunal f?d?ral.