HC/E/DK 1101
Dinamarca
última instancia
Países Bajos - Reino en Europa
Dinamarca
23 September 2009
Definitiva
Derechos de custodia - art. 3 | Grave riesgo - art. 13(1)(b) | Objeciones del niño a la restitución - art. 13(2)
Apelación desestimada, restitución ordenada
-
-
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