The Judgment of Solomon refers to a story from the Hebrew Bible in which King Solomon of Israel ruled between two women both claiming to be the mother of a child. It has become a metaphor referring to a wise judge who uses a stratagem to determine the truth, tricking the parties into revealing their true feelings. Specifically, the judge pretends that he will destroy the subject matter of a dispute, rather than allowing either disputing party to win at the expense of the other.
My solution although OFTEN not possible due to the residency laws of europe:
The courts should have forced BOTH parents to stay in the same country until the child was old enough to travel! That would have served the childs needs, and forced the parents to make it work in a third country.
Before the crazy system with judges and all tried to solve a "catch 22 situation" I believe that both parents were just "normal people" since as far as I can figure out, both countries have said the parents are both fit to be parents. But normal people can do desperate things ... and that's why we depend out the legal system for help, not confusion. And here we have yet another major legal mess.
By the law as is:
The moms version is right. When she left Denmark she had legal custody given to her by Danish law since she had never been married to the father. That means the kid is legally not Danish but Autrian. And she left legally, with her child. Kilde: Forsvundne Olivers mor: - Jeg skreg og skreg
But since okt. 2007 the law states:
(I cannot work out if she then was covered by both the old and new when she moved with the child?)
§ 7. Forældre, der ikke er gift med hinanden, har fælles forældremyndighed, hvis
1) de efter børnelovens § 2, stk. 1, § 14, stk. 1 eller 3, eller § 19, jf. § 14, stk. 1 eller 3, har afgivet erklæring om, at de sammen vil varetage omsorgen og ansvaret for barnet, eller
2) de har indgået aftale om fælles forældremyndighed efter § 9.
Stk. 2. Dette gælder dog ikke, hvis erklæringen i stk. 1, nr. 1, er afgivet, uden at betingelserne i retsplejelovens § 448 f for her i landet at behandle spørgsmålet om forældremyndighed er opfyldt.
Stk. 3. Anses en mand for far til barnet ifølge anerkendelse eller dom, har forældrene fælles forældremyndighed, hvis de har eller har haft fælles folkeregisteradresse inden for de sidste 10 måneder før barnets fødsel.
. And now temporary SA passports for travelling are not legal in many places as of 2012 ... jus like a fremmedpas is not a dansih passport ... just like even having a dansih passport does not mean a child has citizenship - ask for proof / documentaiotn via justitsministeriet "bevis for dansk statsborgerskab" and gaurd that document in a safety box.
We need a Global agreement. And somehow in 20 years time I bet we won't even need that ... only our imaginations can predict why ... but logically and naturally the world is filled with people, travelling ect. so it will eventually be solved, I hope - but I realise cases will allways depend on invisible factors.