The child was 2 at the date of the alleged wrongful removal. He was taken from South Africa by his English mother. His father, a South African Zulu, then commenced return proceedings under the Convention.
The trial judge found that there had been a wrongful removal but having heard oral evidence he refused to order the return of the boy, finding that the standard of harm required under Article 13(1)(b) had been made out.
The father applied in writing for leave to appeal this decision. This was refused. He then renewed his application in open court.