Cass Civ 1?re 8 Juillet 2010, N? de pourvoi 09-66406

INCADAT legal file Hague parental abduction

The two boys were born in 1995 and 1997. Pursuant to the parents’ divorce in 2001, the children’s residence was set with their mother in England. When exercising a right of access and accommodation at the father’s domicile in France, the father did not return the children as scheduled on 3 January 2009, in reliance […]

Re C. (A Child) [2010] EWCA Civ 832

INCADAT legal file Hague parental abduction

The proceedings related to a child born in December 2009. In the six months prior to the birth, the parents, who had married in June 2008, had been living apart, the father in France, the mother in England. The parents’ relationship was described as fluctuating. The father did make two visits to England and attended […]

Cour de cassation, 6 mai 2010, No 32/10

INCADAT legal file Hague parental abduction

The case concerned two children. The family lived in Luxembourg since their birth. The mother decided to move to France with the children. The father applied for the children’s custody and their return. His application was dismissed by the Court of Appeal, and he appealed to the Cour de cassation.

Cass Civ 1?re 20 janvier 2010, N? de pourvoi 08-18085

INCADAT legal file Hague parental abduction

The case concerned two children born in 2001 and 2003 of a French mother and an Italian father. The parents had a turbulent relationship. After a first separation of the parents in 2005, the mother moved to France with the children. The parents reconciled and the mother returned with the children to live in Italy […]

Cass Civ 1?re, 20 janvier 2010, N? de pourvoi 08-19267

INCADAT legal file Hague parental abduction

The case concerned two children born in 2001 and 2003 of a French mother and an Italian father. The parents had a turbulent relationship. In September 2007, the mother left her husband and Italy with the children. On 2 May 2008, a Family Court judge ordered the return of the children to Italy and “recalled” […]

1Ob176/09b, Oberster Gerichtshof

INCADAT legal file Hague parental abduction

The case concerned twins of a Franco-Austrian mother and French father who were not married. The family had lived in France until December 2008. The father was violent towards the mother but it had not been demonstrated that he had been violent towards the children, or that he had sexually abused them. The mother took […]

5A_427/2009, IIe cour civile, arr?t du TF du 27 juillet 2009

INCADAT legal file Hague parental abduction

L’affaire concernait une petite fille n?e en Suisse en septembre 2007 de p?re fran?ais et de m?re portugaise. Le p?re ?tait domicili? en France et la m?re en Suisse. Juste avant la naissance de l’enfant, la m?re projeta d’aller s’?tablir en France. Elle r?silia son bail, d?m?nagea ses affaires en France fin novembre 2007 et […]

Cass Civ 1?re 17 Juin 2009, N? de pourvoi 07-16427

INCADAT legal file Hague parental abduction

The application concerned a child born in New York in 2001. The family had lived in the United States until the father took the child with him to France in February 2006 for the child to undergo surgery. It was planned for them to return to the United States before 30 March 2006. As the […]