H??gsta domstolens beslut den 27 april 2012 i m??l ?? 939-12

INCADAT legal file Hague parental abduction

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The proceedings concerned two girls born to Czech parents. Following the end of the parents’ marriage the District Court of Fr??dek-M?stek, Czech Republic, approved an agreement that the mother would have care of the children.
In May 2010 the mother moved to Sweden, and in August 2010 the girls joined her.
The father petitioned for the return of the girls to the Czech Republic. His case was that he had agreed to the girls going to Sweden, but only for a certain period of time, and by being kept in Sweden they were being wrongfully retained.
Under Czech law both parents normally have parental responsibility, including a right to decide jointly on important matters concerning the children, for example the country in which they reside. This rule applies even if one of the parents has been awarded custody.
The Svea Court of Appeal (sitting as a court of first instance) ordered the return of the girls. The mother appealed to the Supreme Court.