Legislator Case Law & Legislation
KKO 3492/1998 AI generated

Supreme Court dismisses appeal regarding enforcement of Hague Convention child return order against non-compliant custodial parent.

Case Number KKO 3492/1998
Court / Authority
Jurisdiction Finland (FI)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the appellant's appeal against the lower court's order enforcing a Hague Convention child return decision. The appellant, the custodial parent, argued that returning the child would cause severe emotional harm and that the child had formed a strong attachment to the new environment. The court rejected these arguments, emphasizing that the primary obligation of the custodial parent is to comply with the international return order to protect the child's welfare. Consequently, the enforcement order stands, and the child must be returned to the habitual residence.

Legislator headnote

AI generated

Hague Convention on the Civil Aspects of International Child Abduction; The custodial parent's duty to comply with a return order prevails over claims of emotional harm or attachment to the new environment.

Keywords

AI generated
Hague Convention child abduction enforcement of return order custodial parent obligations best interests of child international child custody non-compliance with order emotional attachment defense

Cited Legislation

AI generated
Hague Convention on the Civil Aspects of International Child Abduction
Act on the Enforcement of Foreign Judgments

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Full text

Kysymys Haagin sopimuksen mukaisesta lasten palauttamispäätöksen täytäntöönpanosta.