The application concerned two children born on 2 May 1999 and 29 May 2000. The mother was a New Zealand citizen; the father, an Australian, was her stepson. Their relationship was intermittent and was characterized by the father’s violence against the mother.
The mother removed the two children from Australia to New Zealand in February 2002 without informing the father. He became aware that the children were in New Zealand in May 2003. The father commenced proceedings for their return in December 2003.
On 15 April 2004, the Family Court at Hastings found the children to be settled in their new environment but nevertheless ordered that they be returned to Australia. The return order was upheld by the High Court on 15 June 2004. The mother appealed to the Court of Appeal.
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