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22 04 137 • KG LU 22 04 137 AI generated

Hague Abduction Convention Time Limit Application

Case Number 22 04 137
Court / Authority
Jurisdiction Switzerland · Canton of Lucerne (CH-LU)
Decision Date
Outcome Dismissed
Open official source Entscheidsuche mirror Machine-readable Markdown (.md)

Legislator summary

AI generated

The petitioner sought the return of children who had been brought to Switzerland by the respondent in late 2002, with the petitioner filing a return application in April 2004, which was dismissed as untimely by the lower court based on the one-year deadline under Article 12(1) of the Hague Abduction Convention. The appellate court upheld the dismissal, reasoning that the one-year deadline began to run from the date the petitioner clearly communicated his objection to the children remaining in Switzerland, evidenced by a January 2003 communication stating he was unhappy with the situation and requested confirmed return bookings by early March, and that subsequent negotiations for a friendly settlement did not pause or postpone the commencement of this statutory period, which was fixed to January 30, 2003.

Legislator headnote

AI generated

Art. 12 Abs. 1 HEntf, Art. 12 Abs. 1 HEnft, Art. 12 Abs. 1 HEntfÜ; Hague Abduction Convention Time Limit Application: The appellate court upheld the dismissal, reasoning that the one-year deadline began to run from the date the petitioner clearly communicated his objection to the children remaining in Switzerland, evidenced by a January 2003 communication stating he was unhappy with the situation and requested confirmed return bookings by early March, and that subsequent negotiations for a friendly settlement did not pause or postpone the commencement of this statutory period, which was fixed to January 30, 2003.

Keywords

AI generated
return under Hague Convention settlement negotiations statutory deadline international child abduction time of filing time limits for seeking redress Art. 12 Abs. 1 HEntfÜ. Beginn der Jahresfrist. | Familienrecht

Cited Legislation

AI generated
Art. 12 Abs. 1 HEntf
2 Leitsatz: · Art. 12 Abs. 1 HEntfÜ.
Art. 12 Abs. 1 HEnft
2 Leitsatz: · Art. 12 Abs.
Art. 12 Abs. 1 HEntfÜ
This article concerning the one-year time limit was central to the court's determination of the admissibility (timeliness) of the return request.
AI generated
22 02 4
Hague Abduction Convention Return Order Upheld Despite Appeal for Child Representative
V 98 127
Foreign National Child Family Reunification Age Assessment Timing
22 04 116
Hague Convention Return Denial Upheld Based on Children's Will
22 01 68
Hague Abduction Convention Enforcement Overrides Appeal in Cross-Border Child Removal Case
22 03 4
Child Abduction Appeal: Return to Italy Upheld; No Oral Hearing Required; Autonomous Interpretation of Habitual Residence Confirmed

Key legal questions extracted by Legislator

AI generated
Art. 12 Abs. 1 HEntfÜ

This article concerning the one-year time limit was central to the court's determination of the admissibility (timeliness) of the return request.

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Full text

Rechtsprechung Luzern

Instanz: · Obergericht Abteilung: · II. Kammer Rechtsgebiet: · Familienrecht Entscheiddatum: · 17.12.2004 Fallnummer: · 22 04 137 LGVE: · 2004 I Nr. 2 Leitsatz: · Art. 12 Abs. 1 HEntfÜ. Beginn der Jahresfrist. Rechtskraft: · Diese Entscheidung ist rechtskräftig.