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.
On 12 February 1992 the Court of Appeal, in a majority ruling, held that the father had acquiesced in the removal; Re A. (Minors) (Abduction: Custody Rights) [1992] Fam 106 [INCADAT Reference: HC/E/UKe 48].
The case was then remitted to the High Court to exercise its discretion whether or not to make a return order. On 3 April 1992 the High Court exercised its discretion not to order the return of the children.
The father appealed.
