The child, a boy, was 4 _ at the date of the alleged wrongful retention. The parents were married and each had custody rights in respect of the boy. On 2 February 1988 the father took the boy to England, his State of origin.
The nature of the trip was disputed. Shortly after their arrival the father informed the mother that he would not be returning with the boy to Australia in the foreseeable future.
On 24 June 1988 the High Court ordered the return of the boy.
The father appealed.
