The child, a girl, was 11 at the date of the alleged wrongful removal. She had lived in both Canada and the United States. The parents were divorced and had joint rights of custody, with the mother initially having physical care.
On 3 July 1988 the father took the child from Canada to the United States in accordance with an agreement with the mother. On 8 September 1988 the mother swore a formal document giving permission for the child to live with her father in the United States for the 1988-89 school year.
On 14 September 1988 the father’s attorneys sent a draft stipulation for signature by the mother granting the father sole custody.
On 5 October 1988 the mother took the child to Canada without the father’s knowledge. She subsequently travelled to England.
In proceedings subsequently brought in a Minnesota court it was held that the girl was habitually resident in that State immediately prior to 5 October 1988.
The father’s return petition was commenced in England on 10 April 1990.
On 10 May 1990 the High Court ordered the return of the child.
The mother appealed.