Return of the child

The French Supreme Court (Cour de cassation) clarifies the concept of habitual residence

Cour de cassation, Chambre civile 1, 4 mars 2015, 14-19.015, Publié au bulletin

In this case, rules on jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility are discussed. Thus, the concept of habitual residence is clarified. A dispute arose between the parents (Mr. X. and Mrs Y.) concerning the establishment of the residence of the child. The appeal court of Limoges (Cour d’appel de Limoges) dismissed the request for the return of the child in Belgium brought by the prosecution. As a result, Mr.X. filed an action before the Supreme Court (Cour de cassation).

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