The child, a boy, was 6 years old at the date of the alleged wrongful removal. He had lived in Spain with both of his parents since his birth. The parents were married and had joint rights of custody.
On 8 February 1990 the mother travelled to Austria with the child without informing the father. On 26 March 1990 the father applied for the return of the child. On 23 April 1990 the District Court Donaustadt in Vienna ordered the return of the child. The mother appealed.
