The children, a girl and a boy, were 3 1/2 and 2 at the date of the alleged wrongful removal. They had spent the majority of their lives in the United States. The parents were married.
On 17 October 1989 the mother unilaterally took the children to England, her State of origin.
In the aftermath of the removal the father received erroneous legal advice that he could not rely on the Convention. In October 1990 he was informed that he could invoke the Convention to secure the return of his children.
On 14 October 1990 his application was faxed to the Lord Chancellor’s Department. However, due to technical problems it was not received in time for proceedings to be commenced on or before 17 October 1990.
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