Bits and pieces of the translated appeal court judgement are trickling in...

With just over 18 months having passed since Nikki's abduction, bits and pieces of the translated appeal court judgement are trickling in:

“The evidence on file provides foundation for the conclusion that until his removal to the Republic of Bulgaria – 09.07.2017, the child (Nikki) was habitually residing in the Republic of South Africa where he was born and lived with his mother. The child left the state of residence on the above date and settled in the Republic of Bulgaria, again with his mother.

With view of the above, the court finds that the child (Nikki) was wrongfully retained in Bulgaria within the meaning of article 3 of the Convention. As seen from the evidence on file with regard to the law applicable in the Republic of South Africa governing the exercising of the rights of custody with regard to minor children, the law has granted the exercising of the rights of custody with regard to the child (Nikki). as at the date of his removal to Bulgaria – 09.07.2017, and as the time of his retention in Bulgaria, without father’s consent, to both parents jointly. With view of the above, the conditions of article 3, paragraph 1, letter “a” of the Convention should be considered realised. At the time of removal and retention of the child, the second condition under article 3, paragraph 1, letter “b” of the Convention was also realised, and namely the rights of custody within the meaning of article 5 of the Convention /in accordance with the definition “rights of custody” shall include rights relating to the care of the person of the child and, in particular, the right to determine the child’s place of residence/ were actually exercised jointly by both parents.

It should be noted that the father (Paul) actually exercised the rights of custody granted thereto by the law with regard to the child (Nikki)., demonstrated parental care and willingness to contact the child. As stated above, the father did not give his consent for the child to stay together with his mother in Bulgaria, both temporarily and permanently, and did not demonstrate behaviour demonstrating his acceptance of the mother’s retention of the child in Bulgaria.”

i.e. the judgment has found that Nicholas has been abducted to Bulgaria and has been unlawfully retained as per art 3 of the Hague Convention.

#bringnikkimulderhome #parentalalienation #parentalabduction#childabduction #childabuse #narcissisticabuse #stockholmsyndrome#brainwashing #IPCA
#coparenting #thehagueconvention