PIL instrument(s)
Brussels IIa
Case number and/or case name
AG Hamm, 8.11.2010 – 3 F 512/10
Details of the court
Germany, First Instance
Articles referred to by the court
Brussels IIa
Article 11
Paragraph 1
Date of the judgement
07 November 2010
Appeal history
None
CJEU's case law cited by the court
None
Summary
An almost 12 year old child was brought from Poland to Germany. The court had to assess an application for the return of the child pursuant to Art 11 Brussels IIa in connection with Art 13 (2) Hague Convention on child abduction. The court refused to order the return because the child had clearly refused to return to Poland. The court stated that the child’s will was independent and serious concerning this issue.

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