?.L.K. 23. Juni 1998, 16. afd., B-1391-98

INCADAT legal file Hague parental abduction

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The child, a boy, was 3_ at the time of the alleged wrongful removal. The parents were married, and had joint custody but they did not live together.
The child was born in Denmark in November 1994. Two years later, in November 1996, the family moved to the Netherlands. In January 1997 the mother and child went back to Denmark but returned to the Netherlands again in August 1997.
On 20 November 1997 the mother took the child and his older brother to Denmark without the consent of the father. The father then petitioned for the return of the older boy. On 13 February 1998 the Central Authority of the Netherlands issued an application for the return of the younger child.
On 11 March a Dutch court granted the father full custody of the younger child. On 5 May 1998 a Danish county court decided that the removal was wrongful and ordered the return of the child. The mother appealed.