In Norden-Powers v. Beveridge, 125 F.Supp.2d 634 (E. D. N. Y. 2000), Australian fathers petitioned for return of their children removed to United States by the mother. The District Court held that the mother removed the children from Australia in violation of the fathers' rights of custody, and failed to establish that fathers were not exercising their rights or that the children objected to return.

The fathers who were awarded "joint parental responsibility" by Australian courts, and whose exercise of parental rights had been sanctioned by Australian judicial decisions and agreements with the mother, possessed "rights of custody."

The mother failed to establish that the fathers were not exercising their rights. The fathers had participated in decision-making regarding education and social welfare of their children, looked after their medical needs and participated in the care of the person of each child, and had each contacted their children less then 16 days before their removal.

Voiced concerns of the children to stay with their mother did not rise to the level of "objection to return".