The children, a girl and a boy, were aged 8 and 2 respectively at the date of the alleged wrongful removal. They had lived in the United States of America since January 1992. However, at no time did the parents have any legal status to work or remain there.
The parents were married and had joint rights of custody. On 30 March 1994 the mother took the children to New Zealand, her State of origin.
On 19 December 1994 the District Court made on order for the return of the children.
The mother appealed.
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