The children, both boys, were 11 1/2 and 8 1/2 at the date of the alleged wrongful removal. They had moved between Scotland and the United States. The parents were divorced. On 2 January 1993 the mother took the children to Scotland without the permission of the father.
On 17 August 1995 the Outer House of the Court of Session dismissed the return application. The father appealed.
