The application related to a child born in 2004 to a British father and a South African mother. The parents had married in South Africa.
The child was born in the United Kingdom and lived there with the parents until September 2007, when the mother took her to South Africa for an agreed vacation. After several weeks the mother advised the father that she intended to remain in South Africa.
One month later the maternal grandmother took the child to the UK for a two week vacation to see the father.
On 4 December the father provided the grandmother with a letter to facilitate her return to South Africa, affirming that he consented to the child going to Cape Town. Thereafter, the child remained in South Africa and in February 2008 the father issued return proceedings.
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