The children were infants at the date of the alleged wrongful removal. They had lived in the United Kingdom since birth. The children resided with their mother in the UK pursuant to a residence order made on 10 June 1993.
Under s. 13 of The Children Act 1989 the mother was thereby prohibited from removing the children from the jurisdiction without obtaining the written consent of every other person with parental responsibility or with the leave of the court. On 12 October 1994 the mother took the children to Canada.
On 26 October 1995 the trial judge in British Columbia found that the mother had wrongfully removed the children from their habitual residence and ordered them to be returned forthwith to the United Kingdom.
The mother appealed to the British Columbia Court of Appeal.