
1Ob220/02p, Oberster Gerichtshof
Appeal allowed: the trial judges had not considered whether, under Article 3, the children had acquired a habitual residence in Australia.
Appeal allowed: the trial judges had not considered whether, under Article 3, the children had acquired a habitual residence in Australia.
Le recours du p?re est accueilli ; l’instance d’appel n’aurait pas d? supposer que le retour des enfants impliquait qu’ils soient confi?s ? un p?re
Appeal allowed and case remitted to the District Civil Court of Graz to rule on the father’s application for access.
Recours rejet? ; confirmation de la d?cision refusant le retour. Le d?placement ?tait illicite, mais les conditions d’application de l’article 13 alin?a 1 b ?taient
https://www.incadat.com/en/case/11
http://www.austlii.edu.au/au/cases/cth/FamCA/2009/1038.html
https://www.incadat.com/en/case/975
Appeal dismissed and return order confirmed; whilst the children objected to a return the standard required under Article 13(2) had not been reached.
Compensation would be awarded to the applicant father to cover the cost of locating the child, hiring a lawyer in Israel and the lawyer’s fees.