The application was about two children born in South Africa. Following the parents’ divorce, the mother was awarded custody of the children and the father visitation rights. The mother’s right of custody was, however, limited insofar as she was obliged to refer to a court if she wished to migrate.
The mother took the children on a holiday to France to her family and did not return to South Africa in June 2007 as agreed. The father applied for return. At the first instance, the return was ordered. This decision was confirmed by the Court of Appeal of Dijon on 15 July 2008. The mother lodged a further appeal to the French Cour de cassation.
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