The Commonwealth Central Authority and P, 23 December 1999, Family Court of Australia at Darwin [1999] FamCA 1902
The parties lived in the village of Nigrita, Greece. The child was an Australian citizen, the mother was a Greek-born Australian citizen, and the father was a citizen of Greece. In December 1998 the mother, the child and the mother’s parents left Greece and came to Darwin, Australia. In Greece, the mother had tried to […]
Secretary Attorney-General’s Department v. S.[1999] FamCA 1528
Habitual Residence – Art. 3 The court ruled that the terms of the agreement of 4 June 1996 and of the proposed consent orders did not indicate an intention that the children’s place of habitual residence be changed. Rather the proposed orders prima facie were drawn on the basis that the residence of the children […]
The Chief Executive of the Department for Courts for R. v. P., 20 September 1999, Court of Appeal of New Zeeland
The children, a boy and a girl, were 6 1/2 and 3 1/2 respectively at the date of the alleged wrongful removal. They had lived in Australia all of their lives. The parents were separated and the children lived with the mother. In December 1996 the parents agreed that the children would reside with the […]
Director-General, Department of Families Youth & Community Care v. Reissner [1999] FamCA 1238, (1999) 25 Fam LR 330
Rights of Access – Art. 21 Under Regulation 25(4) of the Family Law (Child Abduction Convention) Regulations, which implements the Hague Convention into Australian Law, the Australian courts may, where an application is made to secure the effective exercise of rights of access, make any order in relation to rights of access to a child […]
Director-General Department of Families, Youth and Community Care v. Moore, (1999) FLC 92-841; [1999] FamCA 284
Settlement of the Child – Art. 12(2) The Full Court noted that since the trial the law had changed with regard to the test to be applied to determine whether a child is settled in his new environment. This did not however affect the finding of the trial judge because he had applied the former […]
Director-General Department of Community Services and Odierna, 5 March 2000 (1999), Family Court of Australia (Sydney) [1999] FamCA 2201
Objections of the Child to a Return – Art. 13(2) The court accepted existing Australian case law that ordinarily the relevant objection for the purposes of the Convention was to a return to the State of habitual residence and not to life with a particular parent. However, the court held that the instant case was […]
Dellabarca v. Christie [1999] NZFLR 97
The child, a boy, was 2 at the date of the alleged wrongful removal. He had lived in New Zealand all of his life. The parents were not married. On 10 November 1995 a Family Court appointed counselor facilitated an agreement between the parents whereby the mother would have custody and the father weekly access. […]
Falconer, Commissioner, Western Australian Police v. O.S., 12 June 1998, transcript, Family Court of Western Australia
The children, two boys and a girl, were 5 1/2, 3 1/4, and 2 1/3 at the date of the alleged wrongful removal. They had lived in New Zealand all of their lives. The parents were not married. On 21 March 1997 the mother took the children to Australia. On 7 April 1997 the District […]
Re D. (Abduction: Acquiescence) [1998] 2 FLR 335
The children were 5 and 3 at the date of the alleged wrongful retention. They had lived in Australia all of their lives. The parents were married and had joint rights of custody. In July 1997 the mother took the children to the United Kingdom, her State of origin, for a holiday. On 11 August […]
Re W. (Child Abduction: Unmarried Father) [1999] Fam 1
The two children were 4 1/2 and almost 3 at the date of the alleged wrongful removal. The parents were not married and the father had no legal custody rights in respect of them. On 5 September 1997 the mother took the children to Australia. In March 1996 the father had applied for parental responsibility […]