The children, both boys, were aged 6 and 4 1/2 at the date of the alleged wrongful removal. The boys had moved between England and Australia. At the date of the removal they had been in Australia for two years. The parents were divorced and had entered into an agreement as to the care of the children.
On 18 September 1991 the mother took the children to England, her State of origin, to stay with the maternal grandparents. On 20 December 1991 the High Court ordered the return of the children. The mother appealed.
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