The children, 5 girls, were aged 13, 10, 8, 7 and 5 at the date of the alleged wrongful removal. At the time of the removal, the family had been living in Israel for 3 years.
On 29 January 2002, in the initial stages of divorce proceedings, the Rabbinical Court of Ashkelon recognised an agreement made by the parents whereby interim custody of the children and responsibility for their education would be given to the mother. This arrangement was to endure until a final judicial ruling was made in a hearing scheduled for 8 May.
On 7 April 2002, the father took the 5 oldest girls to France. The Israeli Central Authority then issued a return petition. On 19 July 2002, the family judge at the Tribunal de Grande Instance of Marseilles ordered the return of the girls to Israel. The father immediately appealed this decision.
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