The application related to four children who were living in Israel before being allegedly wrongfully retained by their mother in the United States after having travelled there in June 2001. The parents were divorced and had entered into an informal agreement whereby the mother would have custody, the father access.
In the aftermath of the retention the father attempted to negotiate the return of the children. This was not successful and in November 2002 he issued a return application. This was filed in the District Court in January 2005. The petition, although founded on Article 12 did not seek the permanent return of the children, but simply twice yearly visits, funded by the mother.
The mother sought to have the application dismissed for lack of subject matter jurisdiction.
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