Višje sodišče v Mariboru; 2023-05-09; III Cp 302/2023
Decision by national courts in the field of European Union law — ECLI:SI:VSMB:2023:III.CP.302.2023
Date: 2023-05-09
Subject matter: Judicial cooperation in civil matters
Origin: Slovenia

82023SI0509(51)_ENG_SUMJURE
JURE summary
JURE summary
Having regard to Article 11(4) of the new Brussels II Regulation (1), according to which ‘a court cannot refuse to return a child on the basis of Article 13b of the 1980 Hague Convention [(2)] if it is established that adequate arrangements have been made to secure the protection of the child after his or her return’, the Court of First Instance firmly established that there was no realistic possibility of such protection being guaranteed. The Hague Convention does not require the child to return to the exact address where she previously lived; the girl could have returned to Germany with her mother and lived at a different address. However, it was found that the mother was in a financially vulnerable situation, which did not allow her to purchase or rent accommodation in Germany. Furthermore, she lacked sufficient proficiency in the German language to function independently in a foreign environment, including in providing comprehensive care for her daughter. Moreover, based on the information obtained from the German Central Authority, it could not be reliably concluded that the mother would be entitled to adequate assistance with accommodation in Germany.
(1) Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000.
(2) Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction.