The proceedings related to two children, one born in Israel in 1998, the other in England in 2000. The parents, who were Israeli nationals, moved from Israel to England in 2000 prior to the birth of the second child. The father was to undertake a masters degree in law at Oxford University. Under the terms of his scholarship he was to return to Israel at the end of his studies. Upon completion of the masters degree the father commenced a doctorate.
In January 2004 the mother took the children to Israel for a vacation. Once there she decided not to return. The father issued return proceedings. On 6 July 2004 the Family Court in Jerusalem held that the retention was wrongful, the children being habitually resident in England, but it refused to make a return order having found that the father had acquiesced in the retention. The father appealed.
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