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 the expected date, 3 January 2009, basing himself on a decision of the Court of Roche sur Yon of 2 January which awarded him provisional custody.
On 9 January 2009, the English High Court declared the retention of the children wrongful and made the children wards of court. The mother requested their return on the basis of the Hague Convention.
On 2 February 2009, the family judge of Poitiers Regional Court (le juge aux affaires familiales du Tribunal de Grande Instance de Poitiers) ordered the return of the children.
The father appealed requesting suspension of the provisional enforcement. His request for suspension of the provisional enforcement was rejected on 10 March 2009.
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