5A_716/2012, IIe cour civile, arr?t du TF du 3 d?cembre 2012

INCADAT legal file Hague parental abduction

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The case concerned two children removed by their mother from Italy to Switzerland. On 5 July 2012, the father applied for return to the canton Court of Neuch?tel. On 11 August, the mother informed the court that she was in Italy with her children. On 13 August, the President of the Court of protection for children and adults informed the parties that the return proceedings had become pointless.
The next day, the father admitted that this was the case. He applied for an indemnity for costs of CHF 3,000, and reimbursement of travel expenses. On 30 August 2012, the President of the Court of protection for children and adults (Cour des mesures de protection des enfants et des adultes) ordered dismissal of the case, left the costs to be borne by the State and held the mother liable to pay CHF 1,000 to the father. The mother appealed against the award of an expenses indemnity.