The children, a boy and a girl, were aged 13 and 11 1/2 respectively at the date of the alleged wrongful retention. They had lived in Denmark for seven years. The parents were divorced. The mother had care and control and the father had access.
Following a wrongful retention by the father on 17 October 1996 the High Court ordered the return of both children to Denmark. The court accepted that the boy’s objections to a return were valid and should be taken into account, but it held that the children should not be separated.
On 31 October 1996 the father took the children to the airport. The boy boarded the plane, however, the girl refused to return to Denmark.
On 7 November the trial judge extended the deadline for the girl’s return to 15 November 1996.
On 11 November 1996 a court welfare officer concluded that it was unrealistic to attempt a further return with the girl travelling as an unaccompanied minor.
On 12 May 1997 the mother’s solicitors stated that she intended to collect the girl. On 23 May 1997 she issued an application for further directions for enforcement of the orders.
On 12 June 1997 the girl was joined as a party to the proceedings. On 16 October the Court of Appeal granted the girl leave to appeal the original decision ordering the return of her and her brother.
On 5 November 1997 the appeal was allowed. The case was remitted to the trial judge.
