The child, a girl, was 1 2/3 at the date of the alleged wrongful removal. She had lived in Spain all of her life. The parents were not married. On 28 May 1993 the mother went to Ireland, her State of origin, with the child.
At the mother’s request the father agreed to give her some time to consider the situation. The mother did not return and on 9 December 1993 the father applied for the return of the child pursuant to the Child Abduction and Enforcement of Custody Orders Act 1991.
On 8 July 1994 the High Court found that the removal of the child had been wrongful and that the father had neither consented to the removal nor acquiesced in the retention of the child in Ireland. The Court ordered that the child be returned to Spain provided that the father undertake to provide accommodation and child support.
The hearing was then adjourned to enable agreement to be reached between the parties on this issue. However, agreement was not forthcoming and on 29 July 1994 the High Court refused the father’s application. The father appealed.