The case concerned two children born in France in 2003 and 2004. In 2006, the family moved to Chile. The parents separated in April 2008. On 3 June 2010, the children travelled to France with their mother, who petitioned for divorce immediately on arrival.
On 8 June 2010, the Santiago Court of Appeal upheld a lower-court ruling permitting the mother and children to leave Chilean territory for 15 days. The children failed to return. The father made an application on the basis of the Hague Convention.
On 7 September 2010, the N?mes Court at First Instance dismissed the return application. On 2 February 2011, the N?mes Court of Appeal upheld the lower-court ruling. The father appealed to the Supreme Court.
