Settlement of the Child – Art. 12(2) The Full Court noted that since the trial the law had changed with regard to the test to
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
The children, three siblings, were approximately 7, 8 and 10 years old at the date of the alleged wrongful removal. They had previously lived had
Rights of Custody – Art. 3 The mother adduced expert evidence of Zimbabwe law, in particular s. 5(1) of the Guardianship of Minors Act, which
Human Rights – Art. 20 The Supreme Court rejected the finding of the court of appeal noting that there was no evidence that a parent
Objections of the Child to a Return – Art. 13(2) The court accepted existing Australian case law that ordinarily the relevant objection for the purposes
The children, a boy and a girl, were almost 7 and 4 at the date of the alleged wrongful removal. They had lived in Canada
The case concerned two children born in 1993 and 1995. The family lived in Sweden and the parents had joint custody. The parents separated a
The child, a girl, was 4 months old at the date of the alleged wrongful removal. Her parents were not married however both parents possessed
The child, a girl, was 8 at the time of the alleged wrongful removal. She had lived in Norway all of her life. The mother