CASE

Download full text DE

Case Name

OLG Karlsruhe 2 UF 200 19 (Bes. Haftbef.)- 25 June 2020

INCADAT reference

HC/E/DE 1471

Court

Country

GERMANY

Name

Karlsruhe Higher Regional Court

Level

Appellate Court

States involved

Requesting State

UNITED STATES OF AMERICA

Requested State

GERMANY

Decision

Date

25 June 2020

Status

Final

Grounds

Issues Relating to Return

Order

Appeal dismissed, return ordered

HC article(s) Considered

-

HC article(s) Relied Upon

-

Other provisions

-

Authorities | Cases referred to

-

Published in

-

SUMMARY

Summary available in EN

Facts

The mother had been ordered, by means of an order issued by Karlsruhe Local Court dated 14 November 2019 (File No: 2 F 1701/19, INCADAT Case No: 1468) to return the children, one born in December 2015, the other born in August 2017, to the U.S.A. Her complaint (Beschwerde) appeal against this was rejected by way of a decision issued by Karlsruhe Higher Regional Court dated 3 February 2020 (File No: 2 UF 200 9, INCADAT Case No: 1469).

The mother did not comply voluntarily with the obligation to return the children contained in the enforcement order. In June, an attempt was made at enforcement; this, however, was unsuccessful. The mother and children were not at home. The mother’s whereabouts, and those of the children, are unknown. Police investigations into their whereabouts have thus far been without success. An attempt to reach an agreement between the parents for the return of the children failed.

Ruling

The court ordered that the mother be placed in coercive detention for 10 days.

Grounds

Issues Relating to Return

The court came to the conclusion that the mother’s behaviour left no other option but to force the mother to surrender the children.

The mother was unable to present any reasons which would mean that she was not responsible for her violation of the terms of the enforcement order. Setting a coercive financial penalty would most probably not achieve its intended aim as the mother stated herself that she had lost her job and no longer had any income. Furthermore, the mother is said to have stubbornly refused to return the children, and for this reason too, an attempt at enforcement by means of a coercive financial penalty would most probably not achieve its intended aim.