The children, a boy and a girl, were 6 and 3 2/3 respectively at the date of the alleged wrongful removal. They had lived in the United States of America and France. The parents were not married.
On 2 October 1987 the mother applied for sole custody and an order that the father not remove the children from California without her written consent. In November 1987 the family returned to France. On 17 March 1991 the father took the children from the mother’s care.
On 22 May 1991 the matrimonial court at Carcassonne awarded the mother custody of the children but prohibited her from leaving the jurisdiction. On 30 May 1991 the mother took the children to the United States.
On 10 October 1991 the father petitioned for the return of the children. On 28 October 1991, after a period of access, the father failed to return the children. At the time of the Convention proceedings in California the children had not been located.
