The application concerned a child born in New York in 2001. The family had lived in the United States of America until the father took the child to France in February 2006 to undergo surgery. They were supposed to return to the United States of America before 30 March 2006.
As the father and child remained in France after that date, the mother tried to obtain voluntary return then lodged a return application with the Central Authority of the United States of America on 24 September 2006. The application was granted in the first instance, the return order being held to be enforceable on a provisional basis. The application for stay of enforcement of the return order was dismissed. The father appealed against the return order.