Enforcement: 10 days of coercive detention

by | Jun 3, 2022

Germany

Enforcement: 10 days of coercive detention

25 June 2020, 2 UF 200 19 (Bes. Haftbef.)

The mother had been ordered, to return the children (one born in December 2015, the other born in August 2017) to the U.S.A. Her complaint appeal against this was rejected by way of a decision issued by Karlsruhe Higher Regional Court dated 3 February 2020. The mother did not comply voluntarily with the obligation to return the children contained in the enforcement order. In June, an attempt was made by the father at enforcement, this, however, was unsuccessful. The mother and children were not found at home. The mother’s whereabouts, and those of the children, are unknown. Police investigations into their whereabouts had been without success. An attempt to reach an agreement between the parents for the return of the children failed.

 

Coercive detention

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 not able 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 financiel penalty would most probably not achieve its intended aim.

 

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