The child, a boy, was 9 at the date of the alleged wrongful removal. He had lived in Australia for over four years. His parents were married and had joint rights of custody. On 15 February 1989 the mother took the boy to England.
On 17 February 1989 the father was awarded custody by a court in Alice Springs.
On 14 March 1989 the High Court ordered the return of the child dependent on certain undertakings. Before agreement could be reached on the exact terms of the undertakings the Australian Central Authority intervened. As a result, the father was instructed to, and did, decline to give the necessary undertakings.
On 20 March 1989, in the absence of undertakings, the High Court held that a return would expose the child to a grave risk of psychological harm and accordingly, declined to send the child back.
Following the ruling, the Australian Central Authority withdrew its opposition to the undertakings and the father indicated that he would comply with the original order.
On 17 April 1989 the High Court then granted the father’s return application.
The mother appealed.
