Question juridique clé
Whether Swiss/Neuchâtel authorities had jurisdiction to decide provisional custody measures after the child stayed in Spain.
Solution extraite
Yes. The child’s non-return was wrongful under the Hague Child Protection Convention, so Swiss authorities retained jurisdiction; the child had not acquired habitual residence in Spain.
Motifs extraits
The child had her habitual residence in D. before the move, both parents had joint custody, and the father did not consent to a permanent relocation. Under Art. 7 CLaH96, the authorities of the state of the previous habitual residence keep jurisdiction after a wrongful non-return until the child acquires a new habitual residence under the Convention.