
Cass Civ 1?re (pourvoi n? 05-14646 )
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.
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.
Retention wrongful but return refused; the standard required under Article 13(1)(a) had been proved to show that the father had consented to the children living
Return ordered; the removal was wrongful and the standard of harm required under Article 13(1)(b) had not been made out.