Removal and Retention - Arts 3 and 12

Appeal dismissed, return refused

3 children allegedly wrongfully removed – Both parents have custody rights – Children lived in Sweden from 2014 to February 2016 – Application for return filed by the public prosecutor with a court in France on 14 June 2016 – Return refused at first instance and upheld on appeal – Main issue: Art. 3 Wrongful removal – There was an existing agreement between the parents for the permanent relocation of the children to France, making their removal not wrongful.

Rights of Custody - Art. 3

Case remitted to lower court

1 child allegedly wrongfully removed at age 7 – Divorced parents – Child lived in Belarus until June 2021 – Application for return filed by the public prosecutor with the District Court of Strasbourg, France, on 27 September 2021 – Case appealed before Court of Appeal of Colmar – Case appealed before Supreme Court - Decision overturned, case remitted to a lower court – Main issue: Article 3 Rights of custody – Court of Appeal should have specified the provisions of the Belarusian law on which it relied to conclude that both parents had rights of custody over the child.

Grave Risk - Art. 13(1)(b)

Appeal dismissed, return refused

3 children wrongfully retained in France – Custody of the children granted to the mother – Children lived in the United States – Mother went with the children to France and refused to return – Application for return filed by the father with the US Central Authority – Request for return filed by the public prosecutor before the court of Paris, France – Court of first instance ordered return - Return refused on appeal – Main issue: Art. 13(1)(b) – Grave risk of harm for the children in case of return in light of the father’s violent conduct and the impossibility for the mother to protect them, due to the arrest warrant issued against her

Rights of Custody - Art. 3

Case remitted to lower court

1 child wrongfully removed at age 4 – Both parents have custody rights – Child lived in Ukraine until June 28, 2015 – Application for return filed by the public prosecutor with the court of France on August 8, 2016 – Application granted – Main issue: Art. 3 Rights of custody – A parent may have custody rights within the meaning of the 1980 Convention even if the child does not live with that parent.

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