Tribunal civil de l’arrondissement de la Sarine (Civil Court of the Sarine District), decision of 20 December 1999, TR 1999/419

INCADAT legal file Hague parental abduction

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Rights of Custody – Art. 3
The father sought to argue that the mother was not actually exercising her right of custody, given that she worked during the day and did not spend much time with her daughter. The court found that this did not represent a lack of interest in the child and rejected this argument.
Grave Risk – Art. 13(1)(b)
The court found that the child would not face a grave risk of harm were she to be returned. The court rejected an expert report presented by the father on the basis that it had not been ordered and the impartiality of the expert had been called into question by the mother.
Procedural Matters
The mother was publically funded and did not have to pay any costs. The father was ordered to pay the costs associated with the return of the child.