Cass Civ 1?re 16/7/1992, H. c. H.

INCADAT legal file Hague parental abduction

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The children, a boy and girl, were aged almost 2 and 3 months at the date of the alleged wrongful retention. The parents were married. In the summer of 1989 the family came to France for a holiday. On 30 July 1989 the mother informed the father that she did not intend to return with the children to the family home in the United States.
In December 1989 return proceedings were initiated by the French Central Authority.
On 15 January 1990 the father asked that the proceedings be suspended while he entered into negotiations with the mother.
In April the proceedings were recommenced.
On 31 October 1990 the Paris Tribunal de Grande Instance rejected the return application on the grounds that the father had acquiesced.
On 24 May 1991 the Cour d’appel de Paris confirmed this decision.
The father challenged the legal interpretation adopted by the Cour d’appel.