
Sieger & Department of Communities and Justice [2020] FamCAFC 172
Grave Risk – Art. 13(1)(b) The 1980 Convention states that a court may refuse to order the return of the child if it would ‘expose
Grave Risk – Art. 13(1)(b) The 1980 Convention states that a court may refuse to order the return of the child if it would ‘expose
Removal and Retention – Arts 3 and 12 After applying an objective test the court found that an agreement was made between the parties to
The child was born in 2011 in Spain of a Brazilian mother and Spanish father. In 2013, the family lived in Brazil for a while.
Karlsruhe Local Court had obligated the mother, in its order dated 14 November 2019 (File No: 2 F 1701/19, INCADAT Case No: 1468) to effect,
The mother had been ordered, by means of an order issued by Karlsruhe Local Court dated 14 November 2019 (File No: 2 F 1701/19, INCADAT
The parents married in 2013 and had a child, K. The defendant is the biological mother of the child and the plaintiff is recognised as
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
Interpretation of the Convention The taking parent bears the evidentiary burden to satisfy the court that the circumstances of the case qualify under Article 13(1)(b)