Vigreux v. Michel [2006] EWCA Civ 630
The child, a boy, was removed from France to England on 14 August 2005, the day of his 14th birthday. The parents, who were not married, were separated. In January 2002 a French court had made an order for joint parental responsibility with the mother having residence, the father contact. The father appealed this order, […]
CA Paris, 30 mai 2006, No de RG 06/00395
Grave Risk – Art. 13(1)(b) The father argued that when his daughter was aged 7 she had been the victim of rape at the family residence by her mother’s live-in partner. He stated that he had filed a complaint in that regard in September 2004 in France. The Court found that the evidence produced by […]
CA Rouen, 9 mars 2006, No de RG 05/04340
L’affaire concernait un petit gar?on n? au Mexique en 2004. Ses parents ?taient mari?s et vivaient au Mexique. Le 7 juin 2005, la m?re alla en France avec l’enfant. Un mois plus tard, elle demanda le divorce. Le p?re demanda le retour de lenfant. Le 15 novembre 2005, le tribunal de grande instance de Rouen […]
Cass Civ 1?re, 13 juillet 2005, No de RG 05-10519
Grave Risk – Art. 13(1)(b) The Cour de cassation affirmed that Article 13(1)(b) could not give rise to an exception to an immediate return unless there was a risk of grave harm or the existence of an intolerable situation. It further recognised that Article 3(1) of the UNCRC had direct application in French law and […]
Cass Civ 1?re, 14 juin 2005, No de RG 04-16942
The child, a girl, was aged 2 _ at the date of the alleged wrongful retention. The parents were married and lived in the United States. In March 2003 the mother took the child to France for a vacation. On 31 March 2003 the mother informed the father that she did not intend to return. […]
CA Rouen, 20 janvier 2005, No de RG 04/03822
The application concerned a little girl born in 1996 in Germany to married parents. In December 2003, a German court granted a divorce to the parents on the basis that the parental rights would be jointly shared by both parents, the child would live with her mother, and the father had visiting rights. On June […]
Cass Civ 1?re, 25 janvier 2005, N? de pourvoi 02-17411
L’enfant, un gar?on, ?tait ?g? de 7 mois ? la date du d?placement dont le caract?re illicite ?tait all?gu?. Il avait v?cu en Italie avec ses parents depuis sa naissance. Le 23 juillet 1999, la m?re quitta Rome avec l’enfant et s’installa en France. Le p?re demanda le retour de l’enfant. Le 25 octobre 1999, […]
Family Appeal 548/04, Plonit v. Ploni
The proceedings related to two children, both girls, who were born in 1995 and 1998 and lived in France. The parents, who were not married, separated in September 1999. The mother alleged that she had been the victim of domestic violence. On 29 June 2000 a French court ordered that the children live with the […]
DeHaan v. Gracia [2004] AJ No.94 (QL), [2004] ABQD 4
Habitual Residence – Art. 3 If the father’s application was to succeed he had to establish that the children were still habitually resident in France on the date from which he alleged they were being retained against his will. The Court rejected this submission. It found that the parents had established a clear intention to […]
Guichard v. France, Requ?te n?56838/00
The child was born in 1990 to a French father and a Canadian mother. He had always lived in France. On 13 May 1992, the mother unilaterally decided to take the child to Canada to live with her. In 1993, a Canadian Court granted custody of the child to the mother. The various applications for […]