Questão jurídica principal
Whether the child had her habitual residence in France and the removal was wrongful under the Hague Convention
Decisão extraída
The child's habitual residence remained in Switzerland; therefore the Hague Convention did not apply and there was no wrongful removal.
Fundamentação extraída
The child, a newborn, lived with her mother in Switzerland. The alleged French stay lasted less than six months, the mother had already tried to recover her Swiss flat and retained all practical ties in Switzerland. Brief stays with the father in France did not transfer the child's center of life.