The child was born on 7 April 2007 in Talavera de la Reina, Toledo, Spain to married parents. In mid-February 2009, the father authorised the child to leave Spain (where the family lived) and travel for a month with the mother to Paraguay to meet her family.
The mother and the child travelled to Paraguay on 19 February 2009 and had to return on 19 March 2009 but this never happened.
On 19 April 2009, the Spanish Court (Juzgado de Primera Instancia e Instrucci?n N.º 5 de Talavera de la Reina) homologated the agreement between the parents according to which the father held custody rights.
On 15 April 2011, the father introduced the request for the return of the child to the Paraguayan Court of First Instance (Juzgado de Primera Instancia de la Ni?ez y la Adolescencia de la ciudad de Capiat?), which subsequently ordered the return of the child.
The mother appealed.