The return application concerned a girl born in 2004 in Romania to Romanian parents. In November 2005, the parents divorced and custody of the child was awarded to the father. On 3 June 2006, the parents decided, as witnessed by a notary, to set up alternate custody, with each parent having care of the child for three months.
During the first period, from 6 June to 7 September, the child was supposed to reside with the mother. It was also agreed that the mother would make regular stays in France with the child, at her own expense. In June 2006, the mother took the child to France where she married again on 22 June. The child then remained in France.
On 23 January 2009, the father applied for the child’s return.On 16 July 2009, the TGI (Court at first instance) of Lyons ordered the child’s return. The mother appealed against that decision.