PIL instrument(s)
Brussels IIa
Case number and/or case name
OLG Naumburg, 28.11.2006 – 8 WF 153/06
Details of the court
Germany, Second Instance
Articles referred to by the court
Brussels IIa
Article 2
Paragraph 7
Paragraph 11 SubParagraph a
Paragraph 11 SubParagraph b
Article 11
Paragraph 1
Paragraph 2
Paragraph 4
Date of the judgement
27 November 2006
Appeal history
None
CJEU's case law cited by the court
None
Summary
The parties argued about an order for return of the children to the Netherlands that had been made by a German first instance court. The mother appealed against this decision. The Higher Regional Court held that the family court had correctly ordered the return of the children pursuant to Art 11 (1), (2) Brussels IIa in connection with Art 12 Hague Convention on Child Abduction. By taking away the children to Germany the father’s rights of custody were violated.

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