The child, a girl, was 8 months old at the date of the alleged wrongful removal. She had lived in Canada all of her life. The parents were not married. On 10 June 1991 the mother took the child to Scotland.
The Outer House of the Court of Session in Scotland found that the child had been wrongfully removed.
On 23 August 1991 the Outer House heard argument as to whether the Article 13(1)(b) exception had been made out.