The child, a boy, was nearly ten at the date of the proceedings. The parents were divorced. On 18 April 1985 the New Hampshire Superior Court awarded custody to the mother and reasonable rights of access to the father. This was on the understanding that following the divorce the mother would relocate to England with the child.
In 1988 the mother became aware that the father was homosexual and that he had contracted AIDS.
On 20 July 1992 the New Hampshire court ordered that the mother co-operate in arranging and effectuating a four-week visit in the United States between the father and the child.
On 10 August 1992 the New Hampshire court dismissed an application by the mother to vary that order. In September 1992 the father issued a summons in the High Court seeking an order that the mother take or send the child to the United States for the purpose of access.
