Kernrechtsfrage
Whether the Geneva authorities had jurisdiction under the Hague Convention on measures for protection of minors.
Extrahierter Entscheid
Yes. The child had his habitual residence in Geneva, so the Swiss authorities of that place were competent to order protection measures, including a curatorship under Art. 308 CC.
Extrahierte Begründung
Habitual residence depends on the child's effective center of life. The child lived in Geneva with his mother since spring 2004; the prior French measures remained effective but did not bar new protective measures by the authorities of the new habitual residence.