The hearing related to three children who were aged 11, 7, and 4. They had lived all of their lives in Tenerife before being taken by their mother to England on 21 April 1994. This was prima facie in violation of the father’s right of veto over the removal of the children from the jurisdiction.
On 21 June the mother commenced divorce proceedings at Scarborough County Court. The case was then transferred to the High Court.
At a preliminary hearing the High Court questioned whether it could continue with substantive proceedings relating to the custody of the children and whether the father in Tenerife should be notified of his rights.