The child, a boy, was 6 at the date of the alleged wrongful removal. He had spent his entire life in Cyprus. The parents’ marriage had long been in difficulties. On 2 December 1997 the father obtained an injunction from the Larnaca District Court restraining the mother from removing the child from the jurisdiction. Nevertheless, on 9 June 1998 she took the boy and a 14 year old daughter from a previous relationship to England.
The father petitioned for the return of his son. On 15 January 1999 the High Court declined to make a return order, finding that the Article 13(1)(b) exception had been made out. The father appealed.