The children were 6 and 1 at the date of the alleged wrongful removal. They had lived in Israel all of their lives. In late 1995/early 1996 the parents went through a religious divorce in Israel, whereby the father was awarded custody. Notwithstanding this the children never exclusively resided with him.
In October 1996 the mother moved back to the United States, her State of origin. The children remained with the maternal grandmother in Israel. The father continued to financially support the children and visited them every weekend. In May 1997 the mother returned to Israel and took the children to the United States.
The father applied for the return of the children. The District Court of Kansas ordered that the mother submit herself and the children personally to the Israeli courts within 90 days. The mother appealed.
