The children, 3 boys, aged 8 _, 6 _ et 3 _, were living in Spain at the time of the alleged wrongful retention. The parents were married and both enjoyed custody rights in respect of the children.
On 6 April 2001 the mother took the boys to Switzerland for a vacation. On 16 April 2001 the mother informed the father that they would not be returning. The father issued a return application the same day.
On 31 July 2001 the views of the children were sought by the trial court seised of the application. A return order was made. The mother appealed.
On 9 September 2001, pending the appeal, the father regained custody of the second child who returned to the family home in Spain. The basis of the appeal in respect of that child therefore became groundless.