CASE

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Case Name

OLG Thüringen - 1 UF 11 20 - 17 March 2020

INCADAT reference

HC/E/DE 1475

Court

Country

GERMANY

Name

Thuringia Higher Regional Court

Level

Appellate Court

States involved

Requesting State

AUSTRALIA

Requested State

GERMANY

Decision

Date

17 March 2020

Status

Final

Grounds

Grave Risk - Art. 13(1)(b)

Order

Appeal dismissed, return ordered

HC article(s) Considered

13(1)(b)

HC article(s) Relied Upon

-

Other provisions

-

Authorities | Cases referred to

-

Published in

-

SUMMARY

Summary available in EN

Facts

In its order dated 9 December 2019 (File No: 47 F 632/19), Jena Local Court ordered the return of the child, who was born in December 2017, to Australia. The child’s mother’s complaint (Beschwerde) appeal against this was rejected by way of a decision issued by Thuringia Higher Regional Court dated 3 March 2020 (File No: 1 UF 11/20). The child was due to fly back to Australia on 18 March 2020, with a short stopover in Dubai.

In its letter dated 16 March 2020, the Youth Welfare Office applied to have enforcement of the return order deferred for a limited period due to the COVID-19 pandemic.

Ruling

The court rejected the application for deferment of enforcement.

Grounds

Grave Risk - Art. 13(1)(b)

The court was of the view that no impediments existed to the child entering Australia. The obligation to undertake self-isolation for 14 days upon arrival did not endanger the child’s wellbeing or pose a grave risk of harm. The short stopover in Dubai changed nothing about this as according to the information available to the court, the onward flight to Australia was guaranteed to take place.