State Central Authority & Quang [2010] FamCA 231

INCADAT legal file Hague parental abduction

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The application related to two children, one born in Spain in August 2005, the other in Australia in January 2007. The parents had lived together in Spain from May 2004 until late October 2006.
In December 2006 the parents signed an agreement on parenting and financial matters which was formally approved in March 2007. Under the agreement the mother was able to leave Spain and relocate to Australia with the first child, which she did immediately, she then gave birth to the second child shortly after her arrival.
The father was to have, inter alia, 60 days of continuous contact with the children in Spain per year and he could equally have 14 days of contact in Australia per year. Following the mother’s relocation no contact took place between father and children.
In July 2007 the father sought recognition of the agreement. The mother was ordered to comply and fined. He issued a further request in June 2008. In July 2008 the father filed an Article 21 request with the Spanish Central Authority.
The State Central Authority in Australia then commenced negotiations directly with the mother with a view to securing an amicable settlement. This attempt was unsuccessful and proceedings were issued by the State Central Authority in late October 2009.
On 26 October 2009, Bennett J. ordered that an independent children’s lawyer be appointed: State Central Authority & Quang [2009] FamCA 1038 [INCADAT Reference: HC/E/AU 1106].