The child, a girl, was 3 at the date of the alleged wrongful removal. The parents were married. The child lived in Germany until May 1991. She then moved with her parents to the United States.
In April 1992 the mother took the child to Germany, only to return five weeks later. On 21 June the mother, again with the father’s agreement, took the child to Germany.
On 9 July 1992 the father, who had travelled to Germany, took the child. The mother immediately obtained a court order awarding her the right to determine the child’s place of residence. The father was informed of the order. The same day he took the child back to the United States.
On 22 September the mother signed a Marriage Settlement Agreement giving the father custody.
On 18 November the mother revoked the agreement. The father however signed it on 23 February 1993, the day before the first hearing.
On 17 February 1993 the petition was filed with the District Court.