The two children were 4 1/2 and almost 3 at the date of the alleged wrongful removal. The parents were not married and the father had no legal custody rights in respect of them. On 5 September 1997 the mother took the children to Australia.
In March 1996 the father had applied for parental responsibility and contact orders. A final determination on these matters was to be made on 15 September 1997. The report of the court welfare officer, dated 1 September 1997, recommended that the father be granted parental responsibility.
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