Case number and/or case name
AG Hamm, 28.3.2014 – 3 F 37/14
Details of the court
Germany, First Instance
Articles referred to by the court
Date of the judgement
27 March 2014
CJEU's case law cited by the court
Summary
The court held that the requirements of Art 11 Brussels IIa in connection with Art 3 Hague Convention on Child Abduction were not given. The court found that the children have not been wrongfully removed within the meaning of Art 3.
It further stated children who were removed several times between several countries and who are uprooted had no habitual residence within the meaning of the provision.