OLG Karlsruhe 2 UF 200 19 – 25 June 2020

INCADAT legal file Hague parental abduction

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Karlsruhe Local Court had obligated the mother, in its order dated 14 November 2019 (File No: 2 F 1701/19, INCADAT Case No: 1468) to effect, within two weeks, the return of the two children, one born in December 2015 and the other born in August 2017, to the U.S. State of Connecticut. Among other things, the Court had ordered that direct force could be used to enforce the surrender [of the children]. The complaint (Beschwerde) appeal made by the mother was rejected by Karlsruhe Higher Regional Court in its order dated 3 February 2020 (File No: 2 UF 200 9, INCADAT Case No: 1469) and the initial order for the return of the children was confirmed.
In a letter dated 17 March 2020, the mother let it be known that travel to the United States would neither be possible nor reasonable due to the COVID-19 pandemic. The Chamber of the Court also found in this manner and a renewed assessment on the possibility of travel was set for 19 April 2020. Following a motion brought by the father, the court bailiff was asked by way of an order dated 2 June 2020, to carry out enforcement of surrender between 12-23 June 2020.
Enforcement was attempted without success, as the mother and children could not be found at their registered address. The mother then made a statement that the suspicion of sexual abuse raised in the court of first instance must now be considered to be confirmed, as the child had been having psychological treatment since February, and she had submitted a report from a child psychologist to this effect. She therefore applied for enforcement to be suspended.