The children, both boys, were 12 and 4 at the date of the alleged wrongful removal. They had lived in Canada and Greece. The parents were separated. A consent order was made in 1996 awarding custody to the mother. Sometime thereafter the father moved to Greece.
In 1997 the father sought to attempt a reconciliation with the mother. He invited her to move to Greece with the boys. He told her that if the trial reconciliation did not work out she would be free to return to Canada. In May 1997 the mother and children moved to Greece.
The mother subsequently returned to Canada with the children. The father commenced return proceedings.