Maltese Father and Norwegian Mother meet over the internet.
Mother and Father move to Malta in 2008 and remain there until early 2009.
Then Mother returns to Norway … and there learns that she is pregnant.
Father joins Mother in Norway due to Mother’s pregnancy.
Mother gives birth to Baby in Norway.
While still in Norway, Father finds out that Mother had had another child earlier … who was removed from Mother’s care by Norway’s child welfare agency.
Mother’s and Father’s Baby, upon birth, goes through withdrawal from medications Mother had been taking.
Norway’s child welfare agency becomes aware of Baby’s withdrawal symptoms and the cause.
Both Mother and Father are worried that Baby will be removed from Mother’s care by Norway’s child welfare agency.
And Mother and Father together decide to move back to Malta with Baby, when Baby is only a few days old.
Baby is “registered as a Maltese national” by Mother and Father.
Mother and Father break up in 2010.
A Maltese court then awards Father custody of Baby in early 2010.
Mother later files an application for return of Baby to Norway under the Hague Convention on the Civil Aspects of International Child Abduction.
A Maltese Court concludes that the Hague Convention is not applicable to Baby, because Baby was never abducted. Further, even if the Hague convention did apply, Baby’s “habitual residence” has, in fact, been Malta, not Norway.
Evidence also supports that Mother is mentally ill.
The Maltese Court denies Mother’s application for return of Baby to Norway and leaves custody with Father.