The child, a boy, was 3 1/2 at the date of the alleged wrongful removal. He had lived in the United States all of his life. The parents were married and each had custody rights in respect of the boy. On 13 July 1994 the mother took the boy to Wales, her State of origin.
On 7 June 1994 the county court in Adams County, Colorado had made a temporary restraining order against the father and a temporary order for care and control in favour of the mother. These orders were continued and were to be reviewed again on 14 July 1994. No order was made specifically restraining the removal of the child from the jurisdiction.
The Convention application was initiated on 31 October 1994. On 20 December 1994, the High Court ordered the return of the child, subject to undertakings made by the father.
The mother appealed.