CA Chamb?ry, 24 avril 2009, No de RG 09/00305
The application concerned a child born in New York in 2001. The family had lived in the United States of America until the father took the child to France in February 2006 to undergo surgery. They were supposed to return to the United States of America before 30 March 2006. As the father and child […]
CA Poitiers, 16 avril 2009, No de RG 09/00356
The children, two boys, were born in 1995 and 1997. Following the parent’s divorce in 2001, the residence of the children was set with their mother in England. After a visit with their father at his home in France in the context of his access rights, the father failed to bring the children back on […]
Cass Civ 1?re 25 f?vrier 2009, N? de pourvoi 08-18126
The application was about two children born in South Africa. Following the parents’ divorce, the mother was awarded custody of the children and the father visitation rights. The mother’s right of custody was, however, limited insofar as she was obliged to refer to a court if she wished to migrate. The mother took the children […]
Cass Civ 1?re 17 D?cembre 2008, N? de pourvoi 07-15393
R?sidence habituelle – art. 3 La m?re indiquait que la Cour d’appel n’avait pas caract?ris? que la r?sidence habituelle de l’enfant, qui avait souvent effectu? des s?jours plus ou moins longs en France, ?tait aux Pays-Bas. La Cour de cassation observa que la Cour d’appel avait not? que l’enfant ?tait n? aux Pays-Bas d’un p?re […]
B-2346-08
The child, a girl, was almost 1 year old at the time of the alleged wrongful removal. She was born in France in July 2007, where she lived with her parents. The parents were not married, but the father recognized the fatherhood and they had joint custody. The mother, a Danish citizen, kept her apartment […]
CA Reims, 2 octobre 2008, No de RG 08/2336
La demande concernait deux filles n?es en 1995 et 1997. Selon le p?re, ses filles s’?taient r?fugi?es chez lui en juillet 2007. A la suite de la demande de retour de la m?re, le juge aux affaires familiales du TGI de Reims pronon?a un sursis ? statuer sur le retour des filles en Italie aupr?s […]
CA Paris, 8 ao?t 2008, Nos de RG 08/05791 et 08/07826
The application concerned two children born in 1997 and 2003 to married parents. The family, of Turkish origin, had been living in the Netherlands since 2000. In September 2006, following dissension between the couple, the mother moved to France with the children. The French Public Prosecutor initiated return proceedings on December 3, 2007 and the […]
Cass Civ 1?re 9 juillet 2008 (N? de pourvoi 07-15402)
The application concerned two children who had their habitual residence in Portugal. On 5 May 2003 the father took the children to France and settled there. On 6 August 2004 the mother called upon the Portuguese Central Authority concerning a request for their return. On 19 October 2004, the Portuguese authorities indicated to their French […]
CA Dijon, 15 juillet 2008, No de RG 08/00923
Acquiescement – art. 13(1)(a) La cour estima que la m?re n’avait pas ?tabli que le p?re avait acquiesc? au non-retour. Il avait donn? son autorisation aux enfants de s?journer en France dans la perspective d’un s?jour temporaire. Risque grave – art. 13(1)(b) La Cour d’appel indiqua que ni le pass? d?lictuel lointain du p?re, ni […]
N.J.C. v. N.P.C. [2008] CSIH 34, 2008 S.C. 571
Aims of the Convention – Preamble, Arts 1 and 2 The Inner House noted that submissions which in essence sought to argue that a return would not be in the best interests of the children, were out of place in Convention proceedings. The aim of the Convention was not to determine where the children’s best […]