HC/E/FR 1375
FRANCE
Court of Cassation (Cour de Cassation)
Superior Appellate Court
Ms Batut (President)
ITALY
FRANCE
14 June 2017
Upheld on appeal
Habitual Residence - Art. 3 | Rights of Custody - Art. 3
Appeal dismissed, return ordered
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1 child wrongfully retained at age 2 – Unmarried parents – Father national of Italy – Mother national of France – Italian court granted joint custody rights and decided that the child should live with the mother – Child lived in Italy until December 2015 – Application for return filed with the Central Authority of Italy in September 2016 - Application dismissed – Main issues: Rights of custody, habitual residence – It is up to the taking parent to prove that the left-behind parent was not exercising his rights of custody at the time of the removal or retention – It is for the authorities of the requesting State to determine the arrangements for the reception of the child upon her return