The child, a girl, was 4 months old at the date of the alleged wrongful removal. Her parents were not married however both parents possessed rights of custody. The child lived with her mother.
On 14 October 1998 the father visited the child and her mother in Italy. During the mother’s absence from the home, the father took the child and removed her to Austria.
On 25 November 1998 the District Court for the Inner District of Vienna ordered the return of the child. On 27 November the child was returned to the mother and subsequently brought back to Italy. The father appealed.