The child was born in 2006 in the United States of America. The parents married after the birth, and the father recognized the child. The child lived in the United States of America until taken to Uruguay.
The parents were not living together when the mother sought to take the child on vacation, the father agreed to the child going to Uruguay for a period of 15 days. Mother and child travelled to Uruguay on February 2010. When the authorized term expired, the mother decided not to return the child to the United States of America.
On December 2010, a first instance court in Uruguay ruled that the retention was wrongful but declined to order the child’s return on the basis that a new removal, and the separation of the child from his mother, would expose him to a psychological risk.
The father challenged the decision and the Appellate Court (Tribunal de Apelaciones de Familia de 1er. Turno) partially revoked the first instance ruling, ordering the return of the child to the United States of America. The mother and the child appealed.