CA Reims, 4 juillet 2006, No de RG 05/02155

INCADAT legal file Hague parental abduction

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Information:

The case concerned a child born in April 2003 in the Netherlands where the family lived. On January 10, 2005, the parents divorced in Morocco (their country of origin); the father returned to the Netherlands, while the mother went to live in Troyes, France with the child. On April 15, the Dutch Central Authority issued an application for the return of the child to its French counterpart.
The court at first instance dismissed the application for return on the ground that the removal was not wrongful, as it was not established that the child’s habitual residence was in the Netherlands prior to the end of January 2005. The Public Prosecutor appealed this decision.