The child, a girl, was 2 1/2 at the date of the alleged wrongful removal. She was born in England in June 1992. In February 1994 the family travelled to the United States to visit the father’s family and decided to remain there. Throughout the stay the mother held only visitor status.
The parents separated in November 1994. On 6 December 1994 the father began divorce proceedings in Texas and obtained an ex parte order restraining the mother from removing the child from the jurisdiction of the court. The matter was to be reviewed on 20 December 1994.
On 20 December 1994 the mother took the child and the child’s half-brother to England.
On 12 April 1995 the High Court ordered that the child be returned.
The mother appealed.
