Smith v Smith 2001 (3) SA 845 (SCA)

Findings: Appellant and respondent, both South Africans, had moved to the UK. After coming to South Africa for a holiday, respondent informed appellant that the children and herself are staying in South Africa and not going to UK and that she had instituted a divorce proceeding. Court, after considering a number of issues pertaining to the Hague Convention decided that the home of the children is South Africa and there was no need to send them back to the UK (since it had already also been 2 years since they arrived here in South Africa and that is was also unlikely that either child had any recollection of having lived in the UK at all.)