HC/E/DK 1101
DENMARK
Vestre Landsret
Superior Appellate Court
NETHERLANDS - KINGDOM IN EUROPE
DENMARK
23 September 2009
Final
Rights of Custody - Art. 3 | Grave Risk - Art. 13(1)(b) | Objections of the Child to a Return - Art. 13(2)
Appeal dismissed, return ordered
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The mother had visitation rights and had not given her permission to the father to take the girl to Denmark. Therefore the removal was wrongful.
After a conversation with the girl, the judge ruled that there was no grave risk of harm to the girl of returning to the Netherlands.
The girl had daily contact with her mother and had seen her on a regular basis before the wrongful removal. Preparations had also been made for the girl's return to the Netherlands, taking her dyslexia problems into account.
The judge ruled that there was no proof that the girl would resist a return to the Netherlands.
Author of the summary: Maria Jeppesen