The child, a boy, was nearly 5 at the date of the alleged removal. He had lived in both England and Australia. The parents were married and had joint rights of custody.
The family moved to Australia in May 1992. On 3 June 1993 the mother returned to England with the child.
The father then obtained an order for interim custody from the Family Court of Australia.
On 12 July 1993 the High Court refused the father’s application for a return.
The father appealed.