The child, a boy, was 2 months old at the date of the alleged wrongful removal. He had lived in Mexico since birth. The parents were married and had joint rights of custody. On 21 September 1993 the mother took the child to the United States, her State of origin.
On 23 January 1994 the United States District Court for the District of Minnesota denied the father’s petition for the return of the child on the grounds that the mother had established the Article 13(1)(b) exception.
The father appealed.