The application concerned two children born in Germany in 1996 and 1999. After the parents’ separation, the children’s habitual residence had been set by a court at the father’s domicile in Germany.
In August 2010, the mother refused to allow the children to return to Germany after exercising her right of access, and unilaterally set their residence in France. On 4 April 2011, the Tribunal de Grande Instance (Regional Court) of Lyon ordered the children’s return. The mother appealed against that decision.