CASO

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Nombre del caso

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

Referencia INCADAT

HC/E/DE 1471

Tribunal

País

Alemania

Instancia

Tribunal de Apelaciones

Estados involucrados

Estado requirente

Estados Unidos de América

Estado requerido

Alemania

Fallo

Fecha

25 June 2020

Estado

Definitiva

Fundamentos

Cuestiones relativas a la restitución

Fallo

Apelación desestimada, restitución ordenada

Artículo(s) del Convenio considerados

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Artículo(s) del Convenio invocados en la decisión

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Otras disposiciones

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Jurisprudencia | Casos referidos

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Publicado en

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SUMARIO

Sumario disponible en 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.