The child, a girl, was almost 1 year old at the time of the alleged wrongful removal. She was born in France in July 2007, where she lived with her parents. The parents were not married, but the father recognized the fatherhood and they had joint custody. The mother, a Danish citizen, kept her apartment in Denmark during her stay in France. During her pregnancy she was seen by doctors in both France and Denmark.
At birth, the child was recorded in the Danish National Register for Persons, but lived in France and was also covered by the father’s French health insurance. The parents agreed to live in France from February 2007 to February 2008. During that time the mother visited Denmark frequently.
In January 2008 both parents signed a lease for an apartment in Denmark. They also had a house in France together. The father claimed that they never moved to Denmark and that he was not able to live there permanently because of his profession as an actor.
The parents also agreed to stay in Denmark from 27 February 2008 to 13 March 2008, but disagreed about the nature of the stay. The mother maintained that they had moved to Denmark permanently, while the father thought they were on vacation.
Between March 2008 and July 2008 both parents travelled between France and Denmark a couple of times with the child. The father claimed that the wrongful removal happened on 14 July 2008, after the mother’s last stay in France.
On 15 September 2008, the Bailiff’s court ruled that there was a wrongful removal. The mother had not proven that the father gave his consent to change the child’s habitual residence. The child’s state of habitual residence was therefore still France.
The mother appealed the decision to the Eastern High Court, which on 16 October 2008 upheld the decision of the Bailiff’s Court.