Can a Child’s Stability Abroad Prevent Their Return After International Child Abduction to France? A French Supreme Court Decision Says No.
In a recent ruling, the French Court de Cassation—France’s highest civil court—reaffirmed that a child wrongfully retained in another country must be returned under the Hague Convention on the Civil Aspects of International Child Abduction (1980), even if they have settled emotionally or educationally in their new environment.
The Court clarified that only a grave risk to the child or an objectively intolerable situation can justify denying their return—not personal preferences, educational stability, or concerns about lifestyle differences between parents.
Background: A Holiday Visit That Became Permanent
The case involved a girl born in Peru in 2014 to a Peruvian mother and a French father. In December 2022, she traveled to France to spend the holidays with her father. However, once the vacation ended, the child was not returned to her home in Peru.
By October 2023, the mother had submitted a request for the child’s return through the Peruvian central authority, invoking the protections of the Hague Convention. The French public prosecutor brought the father before the family court in an effort to secure the child’s return. The mother also joined the proceedings.
Lower Court Ruling: Wrongful Retention Acknowledged, But Return Refused
The French Court of Appeal agreed that the child had been wrongfully retained in France. Nonetheless, it refused to order her return to Peru, relying on several key arguments:
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The child was mature enough to express her views and had clearly stated she wished to stay in France with her father.
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She was emotionally stable and performing well in school.
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The court expressed concern about the mother’s geographic instability, noting her frequent moves and the child’s history of multiple school transfers.
The court concluded that returning the child could jeopardize her psychological well-being and constitute an "intolerable situation" under Article 13(b) of the Hague Convention.
Supreme Court: These Reasons Do Not Meet the Legal Standard
On July 2, 2025, the Court de Cassation overturned that part of the ruling. It found that the Court of Appeal had applied inappropriate reasoning to justify the exception to return under the Convention.
The Court held that:
“Only a serious risk or an objectively intolerable situation can justify a derogation from the obligation to return the child.”
It emphasized that:
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A child's personal preference, no matter how sincerely expressed, cannot by itself justify non-return.
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Stability in the country of wrongful retention, even if beneficial, does not outweigh the child's right to have custody matters decided in their country of habitual residence.
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The Hague Convention’s purpose is not to settle custody, but to ensure such matters are resolved by the appropriate courts.
Legal and Practical Significance
This decision sends a clear message to courts, parents, and practitioners involved in international custody disputes:
The Exception in Article 13(b) Is Narrow
Courts must apply the exception strictly. Emotional challenges or changes in environment do not amount to a grave risk of harm or an intolerable situation.
Return First, Then Decide Custody
The Convention ensures that custody disputes are handled in the child’s home country—not the country where the child has been wrongfully kept.
Prevents Legal Justification for Abduction
Permitting non-return based on post-abduction stability would incentivize wrongful retention. This ruling helps uphold the Convention’s central aim: to deter international child abduction.
Guidance for Families in Cross-Border Disputes
Cases involving international child abduction are complex and emotionally charged. If you are involved in such a situation:
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Act quickly: Hague cases operate on strict timelines.
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Consult a lawyer with experience in international family law.
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Remember: Hague proceedings are about return, not long-term custody.
Do you need advice on international custody or child abduction cases?
Our team is experienced in navigating Hague Convention matters and can help protect your rights—and your child’s.
History
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Can a Child’s Stability Abroad Prevent Their Return After International Child Abduction to France? A French Supreme Court Decision Says No.
Published on : 02/09/2025 02 September Sep 09 2025Firm newsFirm news / INTERNATIONAL FAMILY LAW IN FRANCE
In a recent ruling, the French Court de Cassation—France’s highest civil court—reaffirmed that a child wrongfully retained in another country must be returned under the Hague...
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International Child Custody Disputes: How Jurisdiction Is Determined When a Child's Residence Changes During Legal Proceedings
Published on : 06/08/2025 06 August Aug 08 2025Firm newsFirm news / INTERNATIONAL FAMILY LAW IN FRANCE
Keywords: international divorce, child custody jurisdiction, habitual residence, Brussels II ter, cross-border custody, international family law, parental responsibility, cour... -
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If a foreign court has issued your divorce judgment, and you now need to enforce that decision in France—for example, to manage property located in France or to exercise paren... -
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All domestic litigation depends on the jurisdiction of the “Juge aux affaires familiales”. In each French “Département” (French administrative division equivalent to a British c...
