Key legal question
Whether the cantonal authority could order the child's return to Switzerland when the child was already in Germany.
Extracted holding
No. Under Article 12(3) CLaH80, the authority could not grant the request and had to reject it once the child was in Germany.
Extracted reasoning
The Hague Convention on Child Abduction aims at return to the child's habitual residence; if the child is already in another state, the requested authority lacks a basis to order a return in the opposite direction.