HC/E/AT 381
Autriche
Oberster Gerichtshof (Autriche)
Instance Suprême
Hongrie
Autriche
24 April 1992
Définitif
Droit de garde - art. 3 | Risque grave - art. 13(1)(b)
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The question whether or not a person has the right of custody shall be determined in accordance with the law of the country where the child had his habitual residence. By a provisial decision which became final the competent Hungarian child welfare authority had transferred custody of both children to their grandmother. Custody proceedings had been pending before the competent Hungarian courts at the time the children had been removed.
Only unusually severe endangerment of a child´s welfare precludes a child´s return. The parents who had improperly removed the children did not succeed in proving any reasons for the non-return under Article 13(1)(b) of the Convention.
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Preparation of INCADAT case law analysis in progress.