Mother ordered to return children to father in Germany
A woman has refused to return to Germany with her two children, despite a court order.
A Pretoria News report says the Central Authority of SA turned to the Gauteng High Court (Johannesburg) with the father – in terms of the Hague Convention on the Civil Aspects of International Child Abduction – for the children to be returned.
The children came with their parents to SA on a two-month holiday in November on the assumption that they would all return to Germany.
However, she filed for divorce and requested custody of the children (aged five and one).
These proceedings have not yet been finalised.
Judge Maletsatsi Mahalelo said 'there is nothing before me in respect of the circumstances of the minor children upon their return to Germany to demonstrate, on a balance of probabilities, that the circumstances will expose them to a “grave risk” of harm.’
Mahalelo said the mother had to indicate to the authorities if she intended to accompany the children back to Germany.
Article disclaimer: While we have made every effort to ensure the accuracy of this article, it is not intended to provide final legal advice as facts and situations will differ from case to case, and therefore specific legal advice should be sought with a lawyer.
