The child, a boy, was 4 years old at the date of the alleged wrongful retention. Before travelling to the United States with his mother in September 2003 he had lived with his married parents in various remote parts of Australia and in Ireland.
The last family home in Australia had been on Bathurst Island, part of the Northern Territory. It was common ground between the parents that this was not a suitable environment for the child and that they should move. However, the purpose of mother and child’s move to Delaware to stay with the maternal grandmother was the subject of dispute.
Within two weeks of travelling to the United States the mother formed a new relationship and advised the father that she wished to end the marriage. The father’s return petition was filed with the District Court of Delaware on 13 May 2004 but it was rejected on the ground that the father had consented to the removal. The father appealed.
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