Legal Case
L.K. v. Director-General Department of Community Services [2009] HCA 9, (2009) 253 ALR 202
https://www.incadat.com/en/case/975
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Legal Case
Richards & Director-General, Department of Child Safety [2007] FamCA 65
Appeal dismissed and return order confirmed; whilst the children objected to a return the standard required under Article 13(2) had not been reached.
Legal Case
Family application 042273/99 DR. Z.M. v. R.M.P.
Compensation would be awarded to the applicant father to cover the cost of locating the child, hiring a lawyer in Israel and the lawyer’s fees.
Legal Case
Director-General Department of Families, Youth and Community Care and Hobbs, 24 September 1999, Family Court of Australia (Brisbane) [1999] FamCA 2059, (2000) FLC 93-007
Return ordered subject to undertakings; the removal of the child breached the father’s rights of custody and the standard of harm required under Article 13(1)(b)
Legal Case
DP v. Commonwealth Central Authority; JLM v. Director-General NSW Department of Community Services [2001] HCA 39, (2001) 180 ALR 402
The High Court allowed the appeal in both cases. The cases were remitted to the Full Court of the Family Court for further consideration consistent
Legal Case
In the Marriage of Regino and Regino v. The Director-General, Department of Families Services and Aboriginal and Islander Affairs Central Authority (1995) FLC 92-587, [1994] FamCA 147
Application dismissed; the retention was not wrongful as the father had consented to the relocation of mother and child to Australia.
Legal Case
Secretary, Attorney-General’s Department v. TS (2001) FLC 93-063, [2000] FamCA 1692, 27 Fam LR 376
Return refused; the removal was wrongful but the child was found to have become settled in his new environment.
Legal Case
Decision of the Federal Supreme Court 5A_437/2021 of 8 September 2021
The child, a girl, was 4 at the time of the alleged wrongful removal from the USA. The parents were not married and met online
Legal Case
Director General of the Department of Community Services v. N., 19 August 1994, transcript, Family Court of Australia (Sydney)
Return ordered; the removal was wrongful and neither Article 13(1)(b) nor Article 13(2) had been proven to the standard required under the Convention.
Legal Case
In the Marriage of S.S. and D.K. Bassi (1994) FLC 92-465, 17 Fam LR 571
Removal wrongful but return refused; the standard required under Article 13(2) had been met with respect to the older girl’s objections and it was consequently