The children, a boy and a girl, were 6 1/2 and 3 1/2 respectively at the date of the alleged wrongful removal. They had lived in Australia all of their lives. The parents were separated and the children lived with the mother. In December 1996 the parents agreed that the children would reside with the father. In May 1997 the father took the children to New Zealand.
The mother petitioned for the return of the children. At first instance, the Family Court made a return order. The father appealed. The High Court allowed the appeal. It found that the mother had not been actually exercising her right of custody (a right to determine the children’s place of residence) at the time of the removal. The mother appealed to the Court of Appeal against the decision of the High Court.
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