The application concerned two children born in 1997 and 2003 to married parents. The family, of Turkish origin, had been living in the Netherlands since 2000. In September 2006, following dissension between the couple, the mother moved to France with the children.
The French Public Prosecutor initiated return proceedings on December 3, 2007 and the legal action was formalised on January 2, 2008. On February 22, 2008, the family court judge dismissed the application on the ground that although the removal was wrongful, the children had settled in France.