C (Children) [2017] EWCA Civ 980

An appeal arising in Hague Convention Proceedings: a mother did not return two children to Australia, from England, after an agreed extended stay. Father’s application for summary return failed. On appeal the key issues were (i) whether anticipatory retention is possible, (ii) if so, whether any event prior to the return date could amount to wrongful retention and (iii) whether the judge erred in his assessment of the children’s habitual residence.