The child, a boy, was 6 at the date of the alleged wrongful removal. He had lived in Australia all of his life. The parents were divorced; the mother had custody but neither parent could remove the child from Australia without the consent of the other. On 3 August 1988 the mother took the boy to England, her State of origin.
On 10 August 1988 the Family Court in Sydney ordered the return of the child and the transfer of custody of the boy to the father upon his return.
On 14 October 1988 the English High Court dismissed the father’s application for the return of the child. The father appealed.