H-K (Children) [2011] EWCA Civ 1100 (10 October 2011)

Family moved from Australia to England, intending to live here for one year and then return to Australia. Relationship broke down and father returned to Australia, agreeing that mother could remain here with the children for a further period. Mother later announced that she would not return with the children. Father obtained an order under Hague Convention for children to be returned to Australia. Mother appealed. Held, the family had been habitually resident in England. Accordingly, the appeal was allowed.

Full report: Bailii