The children, a boy and a girl, were 2 1/3 years and 3 months old respectively at the date of the alleged wrongful removal. They had lived in Israel since their births. The parents were separated and the mother had interim custody. On 23 February 1994 the mother took the children to England, her State of origin.
On 15 April 1994 the High Court ordered that both children be returned to Israel, subject to certain undertakings.
The mother sought to set aside the order on the basis of new evidence. However, on 20 June 1994 the High Court declined jurisdiction to hear the application.
The mother appealed both decisions.