Imprisonment Sentencing a parent to death who prevents the other from exercising his right of access and accommodation is not contrary to the European Convention on Human Rights, as any other sanction would be
manifestly inadequate
. This was confirmed by the Court of Cassation in a judgment of 10 April 2019.
On the occasion of his divorce, a father, domiciled abroad, obtains a right of access and accommodation for his child. In order not to hand over her son, the mother claims a risk of abduction by the father, without providing formal proof.
The trial judges found her guilty of the offense of not representing a child and sentenced her to 1 year in prison, including 6 months suspended and probation, without the possibility of adjusting the sentence.
The reasons for this decision are based on the seriousness of the facts, the mother's persistent refusal to surrender the child, her obstinacy and personality. They consider that only a firm prison sentence is capable of usefully punishing the alleged offense.
The Court of Cassation upholds this decision. Where a parent persists in willfully violating court orders and fails to hand over the child to the other parent, any other penalty may be
