19 Apr 2001
L M v. H T S
- Citation
- L M v. H T S
- Court
- Court of First Instance
- Case number
- HCMP1329/2001
The court found on the balance of probabilities that both parents shared a settled purpose to make a new life in Germany and had taken concrete, continuing steps (five-year lease, visa renewal with right to work, school enrollment, language classes, purchases) over an appreciable period (about four and a half months) such that the child was habitually resident in Germany immediately before removal; the removal was therefore wrongful under Article 3 and, having occurred less than one year earlier, Article 12 required the child be returned forthwith.