The application concerned a child born in France of a French father and Peruvian mother in 2000. The family apparently lived in Peru. In 2006, the father started divorce proceedings in France.
On June 7, 2006, a Lyon tribunal found that the parents exercised joint parental authority over the minor child and set his habitual residence with his mother and determined that the father would exercise his contact rights freely, and in default of agreement, 10 days per quater, when staying in Peru.
The father appealed this decision with a view to obtaining the child’s residence and the mother raised the issue of incompetence of the French authorities in matters of parental responsibility on the grounds that the family had its habitual residence in Peru.
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