Rights of Custody - Art. 3 | Settlement of the Child - Art. 12(2)

Appeal allowed, return refused

1 child allegedly wrongfully retained in France – Separated parents – Mother given primary custody and the father had visiting rights – Child lived in Ukraine until October 2014 – Application for return filed with the Central Authority of Ukraine by the father on 18 November 2014 – Case referred by the public prosecutor of Nanterre to the District Court of Nanterre on 24 May 2016 – Appeal granted by the Supreme Court, return refused – Main issue: Art 12(2) – The child has settled in her new environment, within the meaning of Article 12(2) of the 1980 Convention, leading to the dismissal of the return request

Rights of Custody - Art. 3

Appeal dismissed, return ordered

1 child wrongfully retained at age 1 – Both parents have rights of custody – Child lived in Germany – Child retained in France since 23 August 2019 – Application for return filed with the Central Authority of Germany on 2 September 2019 – Request for return filed by the public prosecutor before the court of Toulouse, France, on 27 February 2020 – Return ordered – Main issues: Art. 3 and Art. 17 – The retention of the child in France was wrongful.

Removal and Retention - Arts 3 and 12 | Grave Risk - Art. 13(1)(b) | Issues Relating to Return

Appeal dismissed, return ordered

1 child wrongfully retained in France at 4 months old – Married parents – Both parents had rights of custody over the child – Child lived in Israel until 5 August 2012 – Application for return filed on 4 November 2012 – Return ordered – Main issue: Arts 3 and 12 Retention and Art. 13(1)(b) Grave risk – The child was habitually resident of Israel before being retained in France and no grave risk of harm under Art. 13(1)(b) has been established, leading the court to confirm the order of return of the child.

Grave Risk - Art. 13(1)(b) | Objections of the Child to a Return - Art. 13(2) | Issues Relating to Return | Procedural Matters | Best Interests of the Child

Return ordered

Habitual Residence - Art. 3

Appeal dismissed, return refused

1 child allegedly wrongfully removed – National of Poland and France – Married parents – Father national of France – Mother national of Poland – Both parents had custody rights over the child – Child habitually resident in France - child brought to Poland on 2 May 2017 - child brought to France on 22 May 2018 - child brought to Poland on 2 June 2018 - child brought to France on 13 February 2019– Application for return to Poland filed on 21 March 2019 – Return refused – Main issue: Art. 3 Habitual Residence – The child’s habitual residence remained in France - Father’s removal to France on 13 February 2019 was not wrongful.

Objections of the Child to a Return - Art. 13(2)

Return ordered

Settlement of the Child - Art. 12(2) | Objections of the Child to a Return - Art. 13(2) | Best Interests of the Child

Appeal dismissed, return ordered

Rights of Custody - Art. 3 | Habitual Residence - Art. 3 | Grave Risk - Art. 13(1)(b) | Objections of the Child to a Return - Art. 13(2) | Settlement of the Child - Art. 12(2) | Best Interests of the Child

Appeal allowed, return refused

Removal and Retention - Arts 3 and 12 | Objections of the Child to a Return - Art. 13(2) | Interpretation of the Convention

Appeal dismissed, return ordered

Objections of the Child to a Return - Art. 13(2)

Appeal allowed, return refused