Supreme Court, Civil Chamber II, E. 2006/17797 K. 2006/14657
The case concerned two children born in October 2003 and September 1999, respectively. On 24 November 2004, the mother took the children from Australia to Turkey. On 11 November 2005, the father applied for the return of the children through the Australian Central Authority. The father’s application was denied at first instance and he issued […]
Re F. (Hague Convention: Child’s Objections) [2006] FamCA 685, (2006) FLC 93-277; 36 Fam LR 183
Objections of the Child to a Return – Art. 13(2) The Court noted that there had been discussion in Australian jurisprudence as to whether the objection of the child had to be specifically focussed on the State of habitual residence, but declined to participate in the debate. The Court held that the evidence was now […]
H.Z. v. State Central Authority [2006] FamCA 466, (2006) FLC 93-264; (2006) 35 Fam LR 489
The application related to three children who were born and raised in Greece and aged 7, 4 and 2 1/2 at the date of the alleged wrongful retention. The Greek father and Australian / Greek mother were married. In June 2005 the mother took the children to Australia for a 10 week vacation. At the […]
H.J. v. Secretary for Justice [2006] NZFLR 1005
The application concerned two children born on 2 May 1999 and 29 May 2000. The mother was a New Zealand citizen; the father, an Australian, was her stepson. Their relationship was intermittent and was characterized by the father’s violence against the mother. The mother removed the two children from Australia to New Zealand in February […]
D.W. & Director-General, Department of Child Safety [2006] FamCA 93, (2006) FLC 93-255; (2006) 34 Fam LR 656
The application related to a child born in May 2004 in Australia to an Australian mother and American father. The parents were not married. On 13 July 2004 the mother travelled with the child to the United States on a one-way ticket and moved into the home of the father. On 2 October mother and […]
L.J.G. v. R.T.P. [2006] NZFLR 589
The application concerned two children born in Australia on 22 January 1994 and 5 February 1995 to an Australian mother and a New Zealand father. The parents’ relationship began in Australia in 1992 and was characterised by periods of estrangement when the father returned to New Zealand. From November 1996 the family lived together in […]
State Central Authority v. CR [2005] Fam CA 1050
The application related to a young child, a boy, who was born in Australia in October 2003. The Australian mother and American father met via the Internet early in 2002. The mother flew to America to meet the father in June 2002, returning to Australia in July 2002. She returned to America in September 2002 […]
Director-General, Department of Child Safety v. Stratford [2005] Fam CA 1115, (2005) FLC 93-249
The application related to a baby girl who was 9 months old at the date of the alleged wrongful removal. She was born and lived in England, but had also spent 4 months in Australia. The parents were not married and separated a few months after the birth. On 6 September 2004 the mother unilaterally […]
In the records of application no. 774/2005 of the 17 August 2005 submitted by the Director for Standards of Social Welfare
The application related to two siblings, a boy born in 2000 and a girl born in 2003. The parents had married in Malta in 1999. The father was born in Melbourne but had dual Maltese and Australian citizenship. The mother was born in Malta. The family lived in Malta until 2002 and then decided to […]
Baxter v. Baxter, 423 F.3d 363 (3rd Cir. 2005)
The child, a boy, was 4 years old at the date of the alleged wrongful retention. Before travelling to the United States with his mother in September 2003 he had lived with his married parents in various remote parts of Australia and in Ireland. The last family home in Australia had been on Bathurst Island, […]