The child, a girl, was nearly 10 at the date of the second alleged wrongful removal. She had lived in Germany for a majority of her life. The parents were separated and had joint rights of custody. On 31 May 1996 the mother took the child to England.
On 26 September 1996 the child returned to Germany with her mother to visit her older brother. On 29 September 1996 the mother took the child back to England. On 2 October 1996 a German court transferred custody to the father.
On 30 June 1997 an originating summons under the Convention was issued.