
CA Toulouse, 2 d?cembre 2008, No RG 00/03897
Recours rejet?. Le non-retour ?tait illicite mais le p?re y avait acquiesc?.
Recours rejet?. Le non-retour ?tait illicite mais le p?re y avait acquiesc?.
Legal challenge dismissed and decision refusing to return the child to Germany confirmed. The removal had been wrongful but Article 13(1)(b) had been proved to
Appeal allowed and return refused; the child was now settled in her new environment pursuant to the terms of Article 12(2).
Challenge dismissed; the Cour d’Appel had been correct in finding that none of the exceptions had been proved to the standard required under the Convention.
Appeal dismissed. The removal was wrongful and the exceptions of the Convention inapplicable.
Recours rejet? et retour refus?. Le retour exposait l’enfant ? un risque grave.
Challenge to legality dismissed; Article 13(1)(b) had been proved to the standard required under the Convention.
Challenge to legality dismissed; the mother’s removal was wrongful but she had subsequently been awarded custody.
Recours rejet? et retour refus?; le d?placement ?tait illicite mais l’exception de l’article 13(1)(b) ?tait applicable.