The child, a boy, was 5 1/2 at the date of the alleged wrongful removal. During his life he had moved between England and Canada. The parents were married and each had custody rights in respect of the child. On 3 July 1991 the mother took the boy to England, her State of origin.
On 27 June 1991, in preliminary custody proceedings the Ontario court ordered that the child should not be removed from the jurisdiction. On 2 July the mother was awarded interim custody and the father interim access. This order did not however include a specific prohibition against the removal of the child from the jurisdiction.
On 30 January 1992 the Canadian authorities forwarded the return petition. On 3 March 1992 the English High Court found that there had not been a wrongful removal. It was held in the alternative that the conditions of Article 13(1)(b) would have been satisfied, insofar as there was a grave risk that the return of the child would have placed him in an intolerable situation.
The father appealed.