The case concerned two children born in 2001 and 2003, living in Spain with their father since their parents’ divorce. After a period of exercise of the right of access in Austria, the mother failed to return the children to Spain.
A few days before the end of the visit, the mother had applied to the Austrian courts for a modification of the custody.
The father applied for the children’s return. That application was granted. The mother challenged the wrongful nature of the retention and asserted applicability of Article 20 of the Brussels IIa Regulation (Council Regulation (EC) No 2201/2003 of 27 November 2003).