The application related to three children who were born and raised in Greece and aged 7, 4 and 2 1/2 at the date of the alleged wrongful retention. The Greek father and Australian / Greek mother were married. In June 2005 the mother took the children to Australia for a 10 week vacation. At the end of June the mother advised the father that they would not be returning.
In September 2005 the father filed a return petition with the Greek Central Authority. Proceedings were initiated in the Family Court of Australia in January 2006. On 6 April the Family Court of Australia ordered the return of the children. The mother appealed.