The application related to a girl, aged 15. The parents were divorced and since 2002 the girl had lived in South Africa with her mother. She spent alternative vacations with her father, who since 2000 had resided in England. During Easter 2006 the girl travelled to England but she refused to return at the end of the stay. The mother then issued return proceedings.
Prior to the trial of the return application the girl applied to be joined as a party to the proceedings. On 9 June this application was dismissed. On 5 July the girl was granted leave to appeal.