HC/E/FR 1031
FRANCE
Cour d'appel de Poitiers, chambre civile 4
Appellate Court
UNITED KINGDOM - ENGLAND AND WALES
FRANCE
16 April 2009
Upheld on appeal
Removal and Retention - Arts 3 and 12 | Grave Risk - Art. 13(1)(b) | Objections of the Child to a Return - Art. 13(2) | Procedural Matters
Appeal dismissed, return ordered
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The Court of Appeal approved the first judge's refusal to apply Article 13, paragraph 1 (b) because of Article 11 of the Brussels II a Regulation insofar as, by declaring the children as wards of court, the English judge had taken the appropriate measures of protection for the children.
The Court of Appeal noted that the children, aged 14 and 11 at the time of their hearing, had shown maturity and were opposed to their return. Nevertheless, it felt it could not be ignored that the children's opinion had been influenced by the loyalty conflict with which they were confronted, while, in addition, they had been entirely cut off from their mother for more than 3 months.
Furthermore, the Court noted that the children referred to the same events that they had mentioned during a previous hearing, following a previous removal, and finally it observed that all measures had been taken in their best interests in England, underlining in particular the fact that the High Court was waiting for the return of the children in order to decide on the appointment of an ad hoc guardian for them. It concluded that the children's opposition alone did not justify obstructing their return.
The Court applied Article 26 and awarded the mother the 5,000 Euros she had requested.
Author of the summary: Aude Fiorini