Case number and/or case name
OLG Brandenburg, 22.9.2006 – 15 UF 189/06
Details of the court
Germany, Second Instance
Articles referred to by the court
Date of the judgement
21 September 2006
CJEU's case law cited by the court
Summary
The parties argued about an order for return of the children to France 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. The mother was obliged to bring the children back to France pursuant to Art 12 (1), 3 Hague Convention on Child Abduction. By taking away the children to Germany the father’s rights of custody were violated. The court further stated that Art 11 (4) Brussels IIa imposed restrictions to the regulation in Art 13 (1) (b) Convention on Child Abduction. The children’s protection after their return to France was ensured.