CASE

No full text available

Case Name

CA Toulouse, 16 janvier 2007, No de RG 05/06212

INCADAT reference

HC/E/FR 1003

Court

Country

FRANCE

Name

Cour d'appel de Toulouse Première chambre, Section 2

Level

Appellate Court

Judge(s)
Trémoureux (président); Leclerc d'Orléac & Perrin (conseillers)

States involved

Requesting State

BELGIUM

Requested State

FRANCE

Decision

Date

16 January 2007

Status

Final

Grounds

Acquiescence - Art. 13(1)(a)

Order

Appeal dismissed, return refused

HC article(s) Considered

3 13(1)(a)

HC article(s) Relied Upon

13(1)(a)

Other provisions

-

Authorities | Cases referred to

-

Published in

-

SUMMARY

Summary available in EN | FR

Facts

The case concerned a small boy born in April 2001. The family lived in Belgium. In June 2004, the mother took the child to France on vacation. She informed the father in November 2004 of her intention not to return to Belgium and then filed for divorce in France.

It was not contested that prior to his move to France, the child's habitual residence was in Belgium and that his parents jointly exercised parental authority. In May 2005, the father went to the Belgium authorities to request the return of the child.

On November 22, 2005, his request was denied by the family court judge of Toulouse. The Public Prosecutor appealed this decision.

Ruling

Appeal dismissed, order refusing return upheld. Although the child's retention was wrongful, the father had acquiesced. 

Grounds

Acquiescence - Art. 13(1)(a)

-