The child, a boy, was 9 1/2 at the date of the alleged wrongful removal. He had lived in Canada all his life. The parents separated in 1994. Subsequently, the mother was awarded custody and the father access.
On 19 October 1999 the mother petitioned a Quebec court for a change in the access regime. On 1 June 2000 she signed an agreement not to leave Canada before a decision was made. On 5 June 2000 the mother took the boy to Holland.
On 20 October 2000 the Rechtbank ‘s-Gravenhage (juvenile judge) refused to order the return of the boy. The Central Authority and the father appealed.