The child, a boy, was 4 1/2 at the date of the alleged wrongful removal. He had lived in both Poland and the United States. The parents were married and had joint rights of custody.
On 21 December 1992 mother and child travelled to the United States to join the father. They each possessed a visitor’s visa with expiration dates of 21 March 1993. On 18 July 1993 the mother sent the child back to Poland.
On 27 July 1993, as the mother was still in the jurisdiction, the father petitioned in the Superior Court of New Jersey for, inter alia, the return of the child.