*Re C (children: anticipatory retention)

Minor – Custody. The proceedings concerned the father's application, under the Hague Convention on the Civil Aspects of International Child Abduction, for the return of his children to Australia. The Supreme Court held that the mother's appeal against the Court of Appeal's order would succeed, whilst the father's cross-appeal in relation to the finding as to habitual residence would be dismissed. In arriving at its decision, the Supreme Court held that repudiatory retention in the context of child abduction under the Convention was possible in law.

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