Case number and/or case name
OLG Karlsruhe, 25.5.2009 – 5 UF 224/08
Details of the court
Germany, Second Instance
Articles referred to by the court
Date of the judgement
24 May 2009
CJEU's case law cited by the court
Summary
Subject of the dispute was the parental responsibility. The first instance court according to a correspondent application of an organisation had ordered that the parental responsibility has to be revoked.
The mother of the child was Italian, the father had the German citizenship. The child was Italian. Both parents were of Ethiopian origin. It was doubtful whether there was a danger of genital mutilation as the parents planned to send her daughter to Ethiopia for several weeks. The family lived in Germany. The court stated that the courts of the place where the child was habitually resident applied to the case, Art. 8 (1) Brussels IIa. These were the German courts. Under autonomous PIL, the court further applied German law (Art 21 EGBGB).