The children, a girl and boy, were 9 and 1 2/3 at the date of the alleged wrongful removal. They had spent all of their lives in Canada. On 26 September 1995 they were taken to England by their mother and father, (adoptive father in the case of the elder girl).
On 3 October 1995 the father was to be deported from Canada.
On 23 June 1995 the maternal grandmother had applied for access to the children. On 24 August she applied for an order to stop the children being removed from the jurisdiction. These proceedings were adjourned on several occasions until 29 September 1995.
Since the maternal grandmother did not have any right of custody at the moment of the removal, the application was made by the Ontario court, Provincial Division.
On 11 October 1995 the Ontario court awarded sole custody to the grandmother. On 23 January 1996, pursuant to Article 15, the Ontario court ruled that the removal of the children was wrongful.
