Karlsruhe Higher Regional Court, 2 UF 172/09, 8 January 2010

INCADAT legal file Hague parental abduction

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The Applicant father and Respondent mother were married and lived together in England with their three children ? two daughters, born on 1 March 2001 and 27 July 2005, and a son, born on 11 November 2003. The parents had joint custody of the children. In February 2009, without the prior knowledge of the father, the mother left England with the children with the intention of moving to Germany. Later in 2009, the children were taken into the care of the High Court of Justice and it was ordered that the mother return the children to the UK. In July 2009, the father made an application for return.
In July 2009 the mother filed a criminal complaint against the father, accusing him of having sexually abused and assaulted the two older children. In August 2009 the father was arrested. The return application was rejected on the grounds that the return would place the children in an intolerable situation as the father was currently in remand detention in England. The father was released on 17 September 2009. In September 2009, the father immediately made an immediate complaint appeal against the decision rejecting the return. In October 2009 the investigation proceedings in Germany were discontinued . The children’s mother filed a complaint against the decision to discontinue the proceedings.