The appellant father and respondent mother lived in Mexico together with their two children, a girl and boy aged seven and 16, respectively, at the time of the proceedings. In August 2011, they all travelled to Chicago. The appellant returned to Mexico, but the respondent and children did not return. The appellant filed an action for return of the children with the District Court for the Northern District of Illinois in May 2012. The Court ruled that there had been wrongful removal, but that an exception to the requirement of return applied for each child. The decision was appealed with respect to the girl only; the appellant argued that the District Court erroneously found that he had sexually abused her, and that therefore the Art. 13(1)(b) grave risk of harm exception should not apply.
