The case concerned one child. The family lived in Portugal. After the parents separated in 2007, the mother obtained sole custody of the child and the father rights of access, that he exercised as frequently as possible.
In August 2011 the mother moved to Austria with the child, as she was unable to find employment in Portugal. At first instance and on appeal, the father’s return application was dismissed.The father appealed to the Oberster Gerichthof (Supreme Court).