The child at issue is a girl born in June 2000. The family lived in Montr?al, Canada. After their separation, the parents decided that the mother would have physical custody of the child. That agreement was upheld by the courts in November 2005.
On 18 January 2006 the mother took the child to France. The father asked that the child be returned. On 9 June 2006 the family court judge of the Tribunal de Grande Instance (court of first instance) of Toulouse refused to order the retur of the child. The Public Prosecutor appealed this decision.
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