The child, a girl, was almost 6 at the date of the alleged wrongful removal. She had lived in both the United States and England. The parents were divorced and had joint rights of custody, with the mother having primary care. In November 1990, with leave of the Nevada District Court, the mother moved to England with the child.
On 3 November 1992 the mother returned with the child to the United States to contest proceedings initiated by the father in the Nevada District Court. On 6 November 1992 a preliminary report from the Domestic Relations Referee recommended that the father’s application for “primary custody” should be granted. The Referee further affirmed that the child should be transferred to the father prior to the scheduled contested hearing on 10 November 1992.
On 9 November 1992 the mother removed the child from Neveda. On 10 November 1992 they travelled to England. On 10 November 1992 the District Court granted the Referee’s recommendations and awarded the father primary custody of the child.