KG Berlin – 16 UF 22/20 – 6 April 2020

INCADAT legal file Hague parental abduction

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Information:

In the order issued by Pankow/Wei??ensee Local Court (File ref.: 13 F 8440/19, INCADAT Case No 1473), the mother was obliged to return the child to the district where the father was resident in the USA. The reasoning provided by the court was that the mother was wrongfully retaining the child in Berlin following a visit. According to the court, its habitual residence had previously been with its father in the USA.
In her complaint (Beschwerde) appeal against the order, one of the arguments brought forward by the mother was that the father had, in the past, wrongfully retained the child in the USA. She also argued that in the event of a return, it was to be expected that contact would be broken off altogether. She said it was not to be expected that the father would bring the child back to her voluntarily. She, however, could not get a US visa. She claimed that due to the coronavirus pandemic, the US authorities would not allow a journey to Germany for the purposes of a visit.