The child, a girl, was 9 1/4 at the date of the alleged wrongful removal. She had lived in France since March 1991. The parents were separated and by the terms of a written agreement they had agreed that the child would live with the mother in France and the father would have unrestricted access. On 24 November 1991 the mother took the girl to England, her State of origin.
On 20 December 1991 the father applied for a return order under the Convention. On 17 January 1992 the High Court refused the father’s application, holding that the child had attained an age and degree of maturity at which it was appropriate to take account of her views and exercised its discretion to refuse her return.
The father appealed.