Summary
The proceedings were concerned with an application by the father for a summary return of his two children to Australia.
The father was an Australian citizen. The mother was an English national. The parties, who had two children, met in Sydney, but never married. Before they came in England in February 2010, they had been living in Australia.
Their move to England was intended to be for a year, helping the parties to overcome a difficult period in their relationship.
The father could not settle in England, and he returned to Australia in February 2011. It was agreed for the mother and the children to follow him in June 2011. However, in May 2011, the mother informed the father that she did not intend to return to Australia.
On 27th July 2011, the father’s request for a summary return was granted by the English High Court.
An appeal was made.
The Court of Appeal allowed the mother’s appeal, and father’s application was dismissed.