The children, a girl and a boy, were 8 years and 11 months respectively at the date of the alleged wrongful removal. They had lived in the United States all of their lives.
The parents were married and had joint rights of custody. On 4 February 1991 the mother took the children to England, her State of origin.
The father obtained an order from an American Court for the children’s return. On 19 July 1991 the father issued an originating summons under the Convention.