The children were 9 and 7 at the date of the alleged wrongful removal. They had lived in Canada all of their lives. The parents were not married.
On 16 July 1991 the father obtained an ex parte order from a court in Ontario prohibiting the mother from removing the children from the province. In January and June 1991 the mother left the father for short periods taking the children with her. On 19 July 1991 the father was granted custody of the children.
On 8 August 1991 the parents and children resumed cohabitation. On 16 September 1991 the mother left the father, leaving the children with him. On 1 October 1991 the father took the children to Malta, then a non-Convention country.
On 2 October 1991 the mother obtained an order from an Ontario court prohibiting the father from removing the children from the province. On 17 October 1991 the order of 19 July 1991 was rescinded and the mother was awarded interim custody.
On 31 March 1992 the father took the children to Scotland. The mother petitioned the Court of Session for their return under the Hague Convention.