Habitual Residence – Art. 3
In this case the issue was whether the boy’s habitual residence was in Finland or Denmark. The court ruled that the boy had not changed his habitual residence to Finland.
The only indication that the boy had changed habitual residence was on the form for the National Register of Persons which had been completed by the mother and signed by both parents when they moved to Finland in 2009. All other indications pointed to the boy’s habitual residence never having changed.
The court came to the conclusion that the mother had not succeeded in proving that the stay in Finland was permanent. The court therefore dismissed the mother’s application for return.
Author of the summary: Maria Jeppesen