The case concerned two children born in 2001 and 2003 of a French mother and an Italian father. The parents had a turbulent relationship. After a first separation of the parents in 2005, the mother moved to France with the children.
The parents reconciled and the mother returned with the children to live in Italy in 2006. In September 2007, she again left her husband and Italy with the children.
On 2 May 2008, the Court in Grenoble ordered the return of the children to Italy. On 4 June 2008, the Court of Appeal in Grenoble (Cour d’appel de Grenoble) confirmed the return order. The mother appealed to the Cour de cassation.