Graziano v. Daniels (1991) 14 Fam. LR 697, (1991) FLC 92-212

INCADAT legal file Hague parental abduction

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The children were 7, 5, nearly 3 and 1 at the date of the alleged wrongful retention. They had lived in the United States for the majority of their lives. The parents were separated and had joint legal custody. On 5 April 1989 the mother took the children to Australia for a 7 week vacation having received leave to do so from the Superior Court of California.
On 12 April 1989 the mother enrolled the two elder children in school in Tasmania. On 19 April, following a telephone conversation with the father, the mother decided to remain permanently in Tasmania. On 21 May 1990 the father applied for a return order under the Hague Convention. On 31 May 1990 the Californian court awarded the father sole custody.
On 21 November 1990 proceedings were filed in the Family Court of Australia for the return of the children to California. On 29 January 1991 the court ordered that the children be returned to the United States. The mother appealed.