Joliff and Joliff (FRG 1996) Amtsgericht Bremerhaven - Familiengericht - AZ 154 F 116/95 Case No 146977 ================================================================ Amtsgericht Bremerhaven - Familiengericht - AZ 154 F 116/95 Case No 146977 21 May 1996 - United States - RESULT: The child had to be returned to her father in the United States. - EXECUTION: In case of non-compliance, the opposing applicant will be threatened with a fine to be determined by the court. - COSTS: The opposing applicant will be liable for the court cost. (Art. 26 Abs. 4 HKO) - REQUIRMENTS: 1.) The relinquishing of the child Michelle Jean Jolliff, born Oct. 10th, 1993, to the applicant (Father) John R. Jolliff, for the purpose of immediate return of the child to the U.S.A, has been so ordered. 2.) The opposing applicant or any other person, where the child may be detained, is obliged to give up or relinquish the above mentioned child to the applicant, (Father) or to the person of his choosing. 3.) In order to prevail to carry out the judgment to relinquish, the applicant (Father) may avail himself of the help of the local bailiff, who is authorized to ask for assistance from the police. The officials executing this assignment are empowered to use force if necessary in order to achive compliance. - FACTS: The American father and the German mother had married and lived in the United States where their daughter had been born in October 1993, until the mother left with the child for Germany in May 1995. The mother left for Germany while the father was at work on the 16th May 1995. The mother refused to return to her husband and was unwilling to turn the girl over to her father for return to the United States. - HOLDING: After a hearing with the mother it was determined that the mother had first taken the child on the 15th-17th of May 1995, from the United States to Bremerhaven, Germany. The reciept of the application of the father for an order to return the child dated March 6th, 1996 shows that the child had not yet resided in the Federal Republic for (1) year, which, consequently in this case necessitated for the mother to show that the return of the child would precipitate grave physiological or psycholgical harm to the child, or that the child would be put into abhorrent circumstsnces. The mother was not able to prove this. It is however clear to the Court, that the return of the child will bring about a certain amount of fright and burden for the child, especially since a parting from the mother has to be taken into account. However, according to the decree issued on Feb 15th 1996, (Fam PZ 1996 S. 405/406) by the Federal Court, only extraordinary, grave circumstances regarding the well-being of the child may be a reason for overcoming the order to relinquish. Such extraordinary, grave imediments or circumstances have not been brought foreward by the mother, therefore the application of the father stands. Bremerhaven, May 21st, 1996 District Court