The parties lived at various places in Australia from 1990 until March/April 1995 when they went to live in Israel. The mother returned to Australia with the children in December 2000 with the agreement of the father that she could remain in Australia for a period of 3 months. Prior to leaving Israel the mother had lied to the father when she promised that she would return the children.
An application was filed on behalf of the Central Authority of the Commonwealth of Australia on 10 August 2001. The matter was heard at first instance in November 2001.
On 10 December 2001 O’Ryan J delivered his reasons for judgment and made inter alia the following order: “That the Central Authority make such arrangements as are necessary to ensure the return of the children, S, born on 29 June 1993 and H, born on 22 May 1997 to Israel.” The mother appealed.
