The child, a boy, was 1 at the date of the alleged wrongful removal. The parents were married and each had custody rights in respect of the child. The family had lived in England until 10 April 1991. They then went to Australia. The ultimate purpose of this trip was disputed by the parents. On 10 July 1991 the father took the boy back to England.
In October 1990 the father had bought three return tickets to Sydney, with a return date in July 1991, but valid for one year. Nineteen packing cases were sent to Australia with many of the family’s possessions. On 19 July 1991 the High Court found that the child had become habitually resident in Australia and that his removal was wrongful. Consequently the court ordered the return of the child.
The father appealed.
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