The child, a girl, was 10 years old at the date of alleged wrongful removal. Prior to the removal she had lived in Florida with her mother.
In March 2001 the parents entered into an agreement whereby the mother would have primary care of the child, the father generous visitation rights. In addition both parents were obliged to inform the other 60 days before any move from their current residences in Florida.
In June 2001 mother took the child to Germany without informing the father. In October 2001 the father filed an application for the child’s return.
On 23 November 2001 the Family Court (Familiengericht) of Dresden dismissed the application, finding that there had been no wrongful removal since the father had not actually exercised custodial rights since August 2000. The father appealed.
