The application related to a child born in May 2004 in Australia to an Australian mother and American father. The parents were not married. On 13 July 2004 the mother travelled with the child to the United States on a one-way ticket and moved into the home of the father.
On 2 October mother and child went to a women’s shelter. On 4 October they returned to Australia. On 21 June 2005 a return petition was filed with the Queensland Central Authority. On 7 October the Family Court of Australia ruled that the removal had been wrongful and ordered the return of the child. The mother appealed.
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