The child, a girl, was almost 3 at the date of the alleged wrongful retention. The parents were married. The child lived in Germany until June 1991 when the parents agreed that she would travel to the United States with the father. The girl, the youngest of three siblings, returned as agreed in October 1991.
In July 1992 the mother took the child back to the United States so the father could again care for his daughter. It was understood that she would eventually return to Germany.
In December 1992 the father told the mother that he was considering keeping the child permanently. Nevertheless discussions took place over the subsequent months about the child returning to Germany.
On 31 March 1993 the father petitioned for dissolution of the marriage. He also informed the mother that he intended to seek permanent custody of the girl.