The case concerned twins born in October 2007. It was not disputed that the family had lived together in Spain until mid-2008. According to the mother, starting at that time, there was the beginning of a move to Switzerland; according to the father, the family had continued to reside in Spain.
On 11 March 2010, the mother took the children and almost all their belongings to Switzerland. On 21 May, the father applied for the children’s return. On 14 June, the Superior Court of the canton of Zurich held a hearing at which the issue of mediation was discussed. The mother was in favour but not the father.
On 13 July 2010, the Superior Court ordered the children’s return to Spain.The mother appealed to the Federal Tribunal.