The child, a boy, was nearly 7 at the date of the alleged wrongful removal. He had lived in Switzerland all of his life.
The parents were divorced. A divorce agreement dated 27 October 1994 granted care and control to the mother with access to the father.
The father was also accorded a right of veto over the removal of the child from Switzerland. On 8 April 1998 the mother unilaterally took the child to the United States, her State of origin.
The father applied for the return of the boy.