May 10, 2022 | Child abduction, Martine Wernsen, The Netherlands
When the other parent blocks access without good reason and in violation of the children’s and the father’s rights to see each other, a legitimate question is: what will the Dutch police do for me? If you have a Dutch court decision that says you have a...
May 9, 2022 | Child abduction, Germany case law
Return order, but not to the father Karlsruhe Higher Regional Court, Germany 8 January 2010, 2 UF 172/09, The accusations made against the father were not held to be proven. However, the Appeal Court opted for a ‘graduated return order’ instead of ordering...
May 2, 2022 | Australia case law, Child abduction
No grave risk Sieger & Department of Communities and Justice Family Court of Australia, 20 July 2020, FamCAFC 172 Acrimonious relationship The parents began a relationship in 2008 in France. The child was born in France in 2011. In late 2016 the parents separated...
Apr 27, 2022 | Child abduction, ECJ case law, Martine Wernsen
Habitual residence: intention European Court of Justice, August 21st 1992 Re B. (Minors) (Abduction) (No. 2) [1993] The children, two boys, were 3 2/3 and 2 1/4 at the date of the alleged wrongful retention. They had lived in England, Scotland and Germany. The...
Apr 25, 2022 | Blog, Child abduction, Home-blog, Martine Wernsen, The Netherlands case law
Intolerable situation Appel court of The Hague, February 10, 2022 The parents have joint custody of the 11-year-old son. In 2013, the court determined that his primary residence is with the mother and that he will be with his father for a weekend every other week, as...
Apr 20, 2022 | Child abduction, U.S. case law
Abbott v. Abbott Supreme Court of the United States, May 17 2010 In Abbott v. Abbott the Supreme Court decided that a ne exeat order gives a right of custody to the non-custodial parent under the Hague Convention on International Child Abduction. The parents moved...
Recent Comments