Case number and/or case name
OLG Karlsruhe, 16.12.2014 – 2 UF 266/14
Details of the court
Germany, Second Instance
Articles referred to by the court
Date of the judgement
15 December 2014
CJEU's case law cited by the court
Summary
The parents argued about a decision that was made by the family court in Germany. The first instance court had ordered that the child was to be brought back to Hungary. The Higher Regional Court modified this decision. It stated that the return of the seven year old child would place the child into an intolerable situation within the meaning of Art 13 (1) (b) Hague convention on child abduction, modified by Art 11 Brussels IIa. [para 48 judgment, juris]. This pertained to the fact that during the return proceedings in Hungary a decision given by an authority had stated the child’s foreign residence in Germany with the mother. The court further stated that the prerequisites of Art 11 (4) Brussels IIa were not given as there were no arrangements that would address the determined danger.