The children, both boys, were 1 _ and 4 months at the date of their retention in South Africa. It was conceded at trial that they were habitually resident in […]
Return refused; the removal was wrongful, but, the children were now settled in their new environment in accordance with Article 12(2).
Writ of habeas corpus issued ordering the mother to produce the child in court within fourteen days and show cause why the child was removed.
Recours rejet?; retour refus?. Plus d’un an s’?tait ?coul? depuis l’enl?vement et les enfants ?taient int?gr?s ? leur nouveau milieu.
Retention wrongful and return ordered, subject to conditions; none of the exceptions had been proved to the standard required under the Convention.
Article 15 declaration granted; the removal was wrongful being in breach of inchoate rights of custody.