CASE

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Case Name

Cass Civ 1ère, 14/06/2017, Y c. X, N. 17-10980

INCADAT reference

HC/E/FR 1375

Court

Country

FRANCE

Name

Court of Cassation (Cour de Cassation)

Level

Superior Appellate Court

Judge(s)

Ms Batut (President)

States involved

Requesting State

ITALY

Requested State

FRANCE

Decision

Date

14 June 2017

Status

Upheld on appeal

Grounds

Habitual Residence - Art. 3 | Rights of Custody - Art. 3

Order

Appeal dismissed, return ordered

HC article(s) Considered

1 2 3

HC article(s) Relied Upon

3

Other provisions

-

Authorities | Cases referred to

-

Published in

-

SYNOPSIS

Synopsis available in EN | FR

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

SUMMARY

No summary available