The application related to a child born in 1999. The parents were married and the family lived in Italy. In June 2002 the mother took the child to Switzerland and refused to return. The father issued return proceedings and after a series of judgments the mother finally returned to Italy with the child.
In December 2003 the mother again took the child to Switzerland. On 12 July 2004 the cour d’appel at Lucerne ordered the mother to return the child before 31 July. The mother then issued a legal challenge before the Tribunal f?d?ral.