The child, a boy, was 2 _ years old at the time of the alleged wrongful removal. His parents were married but separated.
On 5 September 2000, a judge in Kempen, Germany, awarded the mother the right to decide the child’s residence. The child had at that time been living with his mother in Germany.
On 17 June 2001 the father took the child to Italy. The mother maintained that the father had agreed to return the child that evening. However the father claimed that the mother had consented to his taking the child to Italy for a visit.
The father and child remained in Italy for the summer vacation. It was hoped that during this time the boy’s health would improve. The mother petitioned for the return of the child.