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CASO

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Nombre del caso

M. v. K. 31/3/1999; District Court of Reykjanes, Iceland

Referencia INCADAT

HC/E/IS 367

Tribunal

País

Islandia

Nombre

District Court of Reykjanes (Islandia)

Instancia

Primera Instancia

Estados involucrados

Estado requirente

Suecia

Estado requerido

Islandia

Fallo

Fecha

31 March 1999

Estado

Definitiva

Fundamentos

Derechos de custodia - art. 3 | Cuestiones procesales

Fallo

Restitución ordenada

Artículo(s) del Convenio considerados

1 3 13(1)(b)

Artículo(s) del Convenio invocados en la decisión

3 12

Otras disposiciones

-

Jurisprudencia | Casos referidos

-

Publicado en
http://www.hcch.net/incadat/fullcase/0367.htm

INCADAT comentario

Mecanismo de restitución del artículo 12

Derechos de custodia
Fuentes del derecho de custodia

SUMARIO

Sumario disponible en EN | FR | ES

Facts

The children, three siblings, were approximately 7, 8 and 10 years old at the date of the alleged wrongful removal. They had previously lived had lived in Sweden with their parents.

In March 1998 following the end of the marriage a Swedish court ordered that the parents should have joint custody, with the children living with the mother and having access with the father.

On 16 December 1998 a lower Swedish court ordered that the mother should have sole custody. The father appealed that decision but before the appeal was heard the mother took the children to Iceland on 25 January 1999.

On 8 February 1999 the appeal-court in Sweden decided that two of the children should remain in Sweden until a final decision had been reached on the custody issue.

On 4 March 1999 the father, through the Central Authorities in Sweden and in Iceland, filed a petition for return of the children in the District Court of Reykjanes, Iceland.

Ruling

Return ordered; the removal was in breach of rights of custody and was therefore wrongful.

Grounds

Rights of Custody - Art. 3

The court ruled that the parents had joint custody. Since the change of custody to the mother by the lower court was under appeal at the time of removal it ordered that the children should be returned to Sweden while the custody issue remained undecided.

Procedural Matters

A motion by the mother to stay the return order pending an expedited appeal to the Supreme Court was granted in the court order. However such an appeal has to be made within two weeks. No appeal was made.

INCADAT comment

Sources of Custody Rights

Preparation of INCADAT case law analysis in progress.