Two children were born of the marriage of the spouses S and R. The family lived in the United States.
The mother unilaterally removed the children to France. This removal was in breach of American court orders made at the time of the parents’ divorce which gave parental authority to both the mother and father and fixed the children’s residence in Texas.
On 19 December 1996 the Cour d’appel d’Aix-en-Provence ordered the return of the two children. The mother challenged this decision before the Cour de cassation.