The case concerned two children born of the marriage of two people from Turkey. The marriage was held in Turkey in 1992, and the family then moved to Germany, where the children were born. On 19 January 1999, the mother petitioned for divorce in Germany. In July 2000, divorce was ordered and the mother obtained custody of the children, with the father retaining a right of access.
In January 2001, the parents agreed to set the children's residence at the mother's domicile in Germany. At the father's request, exequatur of the German divorce judgment was granted in Turkey in June 2001. In reliance on that judgment, the mother travelled to Turkey with her children in July 2001.
In the meantime, on 9 March 2000, the father also petitioned for divorce in Turkey, after which proceedings the father obtained custody of the children. In October 2001, the President of the competent Turkish Court served notice of the divorce judgment at the mother's alleged residence in Turkey, while observing that according to the post office's notice, the stated address matched the father's mother's residence.
After the mother's and children's holiday in Turkey, the father compelled the mother to return to Germany without the children: the father, a policeman by profession, showed the airport customs officer the Turkish divorce judgment and pointed out that he had custody of the children. Several exchanges of diplomatic correspondence ensued between the German and Turkish Ministries, and the Turkish Minister of Justice informed the German authorities that their request was being reviewed by the competent Turkish prosecutor's office.
On 19 February 2003, action was brought in Turkey at the request of the prosecutor's office on the basis of the 1980 Hague Child Abduction Convention. On 15 May 2003, return of the children was ordered. On 30 October 2003, the Supreme Court, upon an appeal by the mother, quashed the judgment of 15 May on the basis of Article 5 of the Hague Convention, on the grounds that the divorce proceedings had been initiated in Turkey before those in Germany.
On 8 June 2004, in compliance with the decision of the Supreme Court, the Turkish Court in Adana dismissed the application for the children's return, on the grounds that the Turkish divorce judgment, granting custody of the children to the father, had become res judicata. The Supreme Court dismissed the application for rectification of the divorce judgment.
The mother applied to the European Court of Human Rights (ECrtHR). By the date of the ruling, she had not yet seen her children again.