5 May 1971
HANS FREDERICK OOSTERGO v. ISABELLA THERESA OOSTERGO (OTHERWISE PALMER)
- Citation
- HANS FREDERICK OOSTERGO v. ISABELLA THERESA OOSTERGO (OTHERWISE PALMER)
- Court
- Court of Appeal
- Case number
- CACV14/1971
The Full Court refused the mother's application for a stay of execution because the mother had unilaterally retained the children contrary to an Australian custody order (characterised as 'kidnapping'), there was no reliable evidence the children would be harmed by returning to the father's custody in Holland, the appeal's prospects of success were remote, and appellate interference in infancy cases is exceptional; therefore the balance of convenience required immediate compliance with the custody order and refusal of the stay.