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 […]

KG Berlin – 16 UF 22/20 – 6 April 2020

INCADAT legal file Hague parental abduction

In the order issued by Pankow/Wei??ensee Local Court (File ref.: 13 F 8440/19, INCADAT Case No 1473), the mother was obliged to return the child to the district where the father was resident in the USA. The reasoning provided by the court was that the mother was wrongfully retaining the child in Berlin following a […]

Order issued by Koblenz Higher Regional Court ? 13 UF 67/20

INCADAT legal file Hague parental abduction

The child was born in Trier, Germany, in March 2018. In May 2018, the father acknowledged paternity of the child. In early July 2018, the family moved to Spain and from December 2018 onwards, rented an apartment in Madrid. The family registered in the Register of Residents, enrolled the child in preschool and also took […]