MQ v. Director-General, Department of Community Services (NSW) (2005) 34 Fam LR 8, [2005] FamCA 843, (2006) FLC 93-255, (2006) 34 Fam LR 656
Grave Risk – Art. 13(1)(b) The Full Court held that issues concerning the relationship between the half sisters and the effect a return order might have been considered in the context of the Australian regulation giving effect to Article 13(1)(b). Rights of Access – Art. 21 The step-sister argued that her application for contact should […]
Sealed Appellant v. Sealed Appellee, 394 F.3d 338 (5th Cir. 2004)
The children were 2 1/2 years and 6 months old at the time of the alleged wrongful removal. They had until then spent all of their lives in Australia. Their unmarried parents had separated prior to the birth of the second child. Under the applicable Australian law both parents enjoyed rights of custody in respect […]
A. & G.S. & Others [2004] FamCA 967, (2004) FLC 93-199, (2005) 32 Fam LR 583
Human Rights – Art. 20 The step-sister argued that the trial judge had erred in referring solely to the human rights of the abducted child and not to hers. This argument was rejected by the Full Court which ruled that the exception was concerned solely with the child to be returned or his or her […]
State Central Authority v. Keenan [2004] FamCA 724, (2004) FLC 93-200
The child, a boy, was 5 at the date of the alleged wrongful removal. The parents met over the internet in 1998. The child was conceived in the same year, when the mother, an Australian citizen, travelled to the US to visit the father. The mother then returned to Australia where the child was born. […]
A.C. v. P.C. [2004] HKMP 1238
Settlement of the Child – Art. 12(2) It was argued for the mother that the 12 month time limit prescribed in Article 12 should only be regarded as having commenced from the time the children were discovered, consequently Article 12(2) and the issue of settlement would have no application. In this reliance was put on […]
5P/151/2004/bmt, Bundesgericht, II. Zivilabteilung
Questions li?es au retour de l’enfant –
W. v. W., 2004 S.C. 63 IH (1 Div)
The application related to four children aged between 3 1/2 and 9 at the date of the hearing. The eldest child was a child of the mother by a previous relationship. The family emigrated from Scotland to Australia in 1998. The youngest child was born in Australia in 1999. The parents separated in November 2001. […]
P. v. Secretary for Justice [2004] 2 NZLR 28
The application related to two children, aged six and almost 4, at the date of the alleged wrongful retention. The parents separated in March 2001. In January 2002 the mother indicated that she wished to relocate to New Zealand with the children. The father immediately initiated legal proceedings, however, the parents were able to reach […]
State Central Authority, Secretary to the Department of Human Services v. Mander [2003] FamCA 1128
Grave Risk – Art. 13(1)(b) The trial judge examined the factual scenarios and outcomes in several cases including Walsh, Pollastro, Re F., and Murray, and concluded that there was not the same level of violence or intensity of threats in the present case. Nevertheless there was a common sub-theme of an ongoing and chronic situation […]
Director-General, Department of Families v. R.S.P. [2003] FamCA 623, (2003) FLC 93-152, (2003) 30 Fam LR 566
The child was almost 2 at the date of the alleged wrongful removal. Prior to then she had been living with her Australian mother and American father in the United States. The parents were married. Following the birth the mother was diagnosed as having post-natal depression and was prescribed anti-depressants. In April 2001 the mother […]