[A.R.P.] v [Uni?o], Recurso Especial No 1.723.068 – RS

INCADAT legal file Hague parental abduction

The child was born in 2011 in Spain of a Brazilian mother and Spanish father. In 2013, the family lived in Brazil for a while. In 2014, the father, mother and child returned to Spain. However, the mother and child established their residence in a different city from the father. The child enrolled at school […]

OLG Karlsruhe 2 UF 200 19 – 25 June 2020

INCADAT legal file Hague parental abduction

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, […]

OLG Karlsruhe 2 UF 200 19 (Bes. Haftbef.)- 25 June 2020

INCADAT legal file Hague parental abduction

The mother had been ordered, by means of an order issued by Karlsruhe Local Court dated 14 November 2019 (File No: 2 F 1701/19, INCADAT Case No: 1468) to return the children, one born in December 2015, the other born in August 2017, to the U.S.A. Her complaint (Beschwerde) appeal against this was rejected by […]

Z A and BY and in the matter of K (a minor) [2020] NIFam 9

INCADAT legal file Hague parental abduction

The parents married in 2013 and had a child, K. The defendant is the biological mother of the child and the plaintiff is recognised as a parent on the birth certificate. The plaintiff is a Dutch national, the defendant from Northern Ireland. The relationship between the parents was characterised by domestic violence and both women […]

LRR v COL [2020] NZCA 209

INCADAT legal file Hague parental abduction

The mother and the father were living in Australia with their son, H. Following the break-down of their relationship, the mother moved to New Zealand with H, then aged 2 and a half. The New Zealand Central Authority applied to the Family Court on behalf of the father for an order for the return of […]

Sabeahat v. Sabihat FS-18-0099

INCADAT legal file Hague parental abduction

Interpretation of the Convention The taking parent bears the evidentiary burden to satisfy the court that the circumstances of the case qualify under Article 13(1)(b) or Article 20 as an exception. However, in the evidence called at the hearing of the mother’s application for refugee status, the Immigration and Refugee Board of Canada (IRB) found […]

Rinau v. Lithuania (Application no. 10926/09)

INCADAT legal file Hague parental abduction

The parents married in Germany and had a daughter in 2005. The father is a German citizen and the mother a Lithuanian citizen. The parents had joint parental responsibility of the child. The mother also had an older son from a previous marriage. In 2005 the parents began living separately. The child remained with her […]