The appellant appealed an order under The Hague Convention requiring a child to be returned to Australia so Australian courts could assume jurisdiction over custody and access.
The trial judge found the child was habitually resident in Australia based on the appellant's declarations and actions indicating a settled intention to stay.
The Court of Appeal upheld the decision, finding the trial judge correctly applied the jurisprudence and that the evidence fully supported the habitual residence finding.
The appeal was dismissed.
