N? de r?le: 02/7742/A, Tribunal de premi?re instance de Bruxelles, 27/5/2003

INCADAT legal file Hague parental abduction

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The child, a boy, was 11 years old at the date of the alleged wrongful retention. His parents had not been married, and had separated in 1993. The child had remained with his mother in Italy since then.
On 21 June 2001, the father took the child to Belgium (where he had been residing since at least 1998). The reasons and circumstances of this removal were disputed. According to the mother, the child’s stay was only to have been a short one (in order for him to attend the wedding of someone in the father’s family), whereas the father alleged that the mother had asked him to be the primary caretaker of the child. On 25 July 2001, the mother asked for the child to be returned.
On 6 March 2003, the Court deemed the request admissible and dismissed the exceptions raised by the father relating to ineffectual exercise of the custody and the mother’s consent to the retention. The question of the child’s objections to return remained open while waiting to hear the child. The child was heard by the Judge on 13 March 2003.