Cass Civ 1?re 19 mars 2002, N? de pourvoi 00-17.692

INCADAT legal file Hague parental abduction

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The child was aged 6 1/2 at the date of the alleged wrongful removal. Until the time of the removal he had been living in Israel. His parents were divorced.
On 22 July 1998 the family judge at the Tribunal de Grande Instance of Bordeaux made an order that the child should continue to live with its mother in Tel Aviv and that the father should have access, notably for the full school Christmas holidays.
On 30 November 1999 the mother issued an application that the father’s access take place not during the French Christmas holidays but during the Israeli school holidays; the father for his part sought custody of the child in France.
On 4 December the child came to France during the Israeli school holidays. He was booked on a flight to return on 11 December. On 10 December a French family judge ordered a pyschological examination of the child. The child did not return to Israel on 11 December and the mother issued return proceedings.
On 28 December the Procureur de la R?publique issued a return application under the Hague Convention.
On 3 January 2000 the family judge delivered 2 decisions: the first stated that the Convention did not apply, whilst the second transferred custody to the father from 3 January, which under the order of 22 July 1998 was the end of the father’s period of access.
On 30 May the Cour d’appel at Bordeaux upheld both decisions. The Procureur G?n?ral petitioned the Cour de cassation to challenge the legailty of the latter decision.