Questione giuridica chiave
Whether the German provisional custody and handover order could be recognized and enforced under the Hague Child Protection Convention.
Decisione estratta
No. The German court was no longer competent because the child had acquired a habitual residence in Switzerland; recognition and enforcement had to be refused.
Motivazione estratta
Under Art. 5 HKsÜ, jurisdiction lies with the authorities of the child's habitual residence, and there is no perpetuatio fori between Convention states. The lower courts' findings supported a habitual residence in Switzerland; the challenged factual objections did not show decisive arbitrariness.