The children involved in the application were both boys, the elder being a little over 5 at the date of the alleged wrongful removal. The parents were married and both enjoyed rights of custody.
Up until July 1993 the boys had moved between Australia and the United States. The mother then moved with the boys to France; this was done with the consent of the father. Mother and children returned to the United States in February 1994. On 5 July 1994 the mother unilaterally took the children to Australia.
On 5 December 1994 the Family Court of Australia ordered the return of the children.