Tribunal de Apelaciones
Estados Unidos de América
25 June 2020
Cuestiones relativas a la restitución
Apelación desestimada, restitución ordenada
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.
The court ordered that the mother be placed in coercive detention for 10 days.
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.