Appeal allowed and return ordered; by a majority verdict the Court of Appeal found that none of the exceptions had been proved to the standard required under the Convention.
Arthur & Secretary, Department of Family & Community Services and Anor  FamCAFC 111, (2017) FLC 93-781
Return refused; the removal was wrongful but the child was found to have become settled in his new environment.
The parents, both German nationals, lived together and had a child in Germany. In 2014 the mother took the child to New Zealand without the consent of the father. In […]
Removal and Retention – Arts 3 and 12 After applying an objective test the court found that an agreement was made between the parties to return the child to New […]
The mother and the father were living in Australia with their son, H. Following the break-down of their relationship, the mother moved to New Zealand with H, then aged 2 […]