Free movement of persons

The French Court of cassation (Cour de cassation) ruled over the risk of international child abduction under the Brussels II bis Regulation

Cour de cassation, civile, Chambre civile 1, 8 mars 2017, 15-26.664, Publié au bulletin

In the present case, the Court of cassation (Cour de cassation) was requested to examine a measure related to the exercise of parental authority in the light of the objectives fixed in Regulation (EC) No 2201/2003 (’Brussels II bis’ Regulation).

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Return of a child to his country of habitual residence in a case of clear child abduction

L (Grave Risk of Harm) (Child’s Objections) [2015] EWHC 3300 (Fam) (16 November 2015)

In this case, where a father seeks the return of his son to his country of habitual residence (Bulgaria), the main issues for determination under Article 13 of the Convention on the Civil Aspects of International Child Abduction 1980 are whether a return of the child (L) to Bulgaria would expose him to a grave risk of psychological or physical harm or otherwise place him in an intolerable situation and whether L objects to returning to Bulgaria, and has attained an age and degree of maturity at which his views should be taken into account.

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