The children were aged 7, 6, 5 and 3 at the date of the alleged wrongful retention. They had lived in both the United States and England.
Between 1990 and 1992 the mother and the children lived in England. On 4 May 1992 they travelled to the United States.
On 11 June 1992 a Florida court ordered that the mother have custody and the father have access. The order further provided that neither party should remove the children from the State of Florida pending further order of the court.
On 16 June 1992 the mother took the children to the United Kingdom with the father’s consent.
In November 1992 the father filed an application in a Florida court that the mother was in contempt for having removed the children from the jurisdiction.
On 23 December 1993 the father issued applications in England under the Children Act 1989 seeking contact and under the Child Abduction and Custody Act, 1985 for the return of the children.
There were no further steps taken in the context of the Hague Convention proceedings until 25 October 1994 when the father’s solicitors sought from the court a date for directions in respect of the Hague Convention proceedings.
