Case number and/or case name
OLG Stuttgart, 28.3.2015 - 17 UF 44/15
Details of the court
Germany, Second Instance
Articles referred to by the court
Date of the judgement
17 March 2015
CJEU's case law cited by the court
Summary
The court held that the prerequisites of Art 11 Brussels IIa in connection with Art 12 (1), (3) Hague Convention on Child Abduction were given at the point of time the Local court had made its decision. The mother according to the court violated the father’s right of custody by moving from Italy to Germany, whereas the child had his habitual residence in Italy.
The court therefore stated that there was a violation of the right of child custody under Art 3 (1) (a) Convention. The Italian courts were internationally competent pursuant to Art 10 Brussels IIa.
Art 11 (4) Brussels IIa did not supersede the refuse of an order for return.