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CASE

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Case Name

X (the mother) against De directie Preventie, en namens Y (the father) (14 april 2000, ELRO nr. AA 5524, Zaaksnr.R99/076HR)

INCADAT reference

HC/E/NL 317

Court

Country

NETHERLANDS - KINGDOM IN EUROPE

Name

Hoge Raad der Nederlanden

Judge(s)
Mijnssen, Hermann, Van de Putt-Lauwers, Fleers, Kop

States involved

Requesting State

UNITED STATES OF AMERICA

Requested State

NETHERLANDS - KINGDOM IN EUROPE

Decision

Date

14 July 2000

Status

Final

Grounds

-

Order

-

HC article(s) Considered

-

HC article(s) Relied Upon

-

Other provisions

-

Authorities | Cases referred to

-

Published in

-

SUMMARY

Summary available in EN

Facts

The children, a boy and a girl, were aged 4 and 1 respectively at the date of the alleged wrongful retention. They had lived in the USA all of their lives and were habitually resident in Illinois. The parents were married and had joint rights of custody under Illinois law. On 24 May 1998 the mother and children travelled to Holland, to visit the maternal grandparents. They were due to return on 31 July 1998. However, on 11 June 1998 the mother informed the father that she intended to remain in Holland with the children. On 29 October 1998 the father contacted the United States Central Authority. On 9 February 1999 the Rechtbank Assen ordered the return of the children. The mother appealed. On 24 March 1999 the Gerechtshof Leeuwarden ordered the summary return of the children, and, if the mother did not co-operate cooperate that the children be handed over to the father by 30 March 1999. The mother appealed to the Hoge Raad.

Ruling

Appeal dismissed and return order allowed to stand; the retention was wrongful and none of the Article 13 exceptions had been proved.