The child, a boy, was 3 1/4 at the date of the alleged wrongful removal. He had lived in both Australia and England. The parents were married and had joint rights of custody.
In October 1987, while in Australia, the 10 month old child suffered serious burns from water scalding and was hospitalised for five and a half months. On 30 December 1987 the mother was charged with grievous bodily harm and the Director-General of the Department of Family Services for Queensland obtained a temporary custody order in respect of the child.
On 3 April 1988 the father, with assistance from the mother, took the child to England without the consent or knowledge of the Director-General. The Director-General was informed as to the child’s location and circumstances but took no action to have the child returned to Australia.
On 23 February 1990 the temporary custody order in favour of the Director-General ceased to have effect. On 14 March 1990 the mother took the child to Australia without the consent of the father.
On 6 April 1990 the Director-General initiated proceedings for the return of the child to the father. On 11 April 1990 a Judicial Registrar ordered the return of the child. On 24 April 1990 the mother filed an application for review.
