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Recent Family Law Judgments – Child Abductions

 

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State Central Authority & Morton [2010] FamCA 77 (12 February 2010) 
Catchwords:
 FAMILY LAW – CHILD ABDUCTION – Hague Convention – Children brought to Australia from New Zealandby the mother – Father seeks return of the children to New Zealand pursuant to the Hague Convention – Mother argues there is a grave risk that

State Central Authority & Fouadi [2010] FamCA 12 (22 January 2010) 
Catchwords:
 FAMILY LAW – CHILD ABDUCTION – HAGUE CONVENTION – children taken from USA – where the father did not consent to the children being taken from the USA – where mother’s evidence was accepted – issues of domestic violence – whether grave risk

State Central Authority & Park [2009] FamCA 1207 (9 December 2009) 
Catchwords:
 FAMILY LAW – CHILD ABDUCTION – Hague Convention – threshold issues – whether the court should exercise jurisdiction where a welfare order had been made under State Child Protection Legislation – whether there should be a stay of proceedings

State Central Authority & Truman [2009] FamCA 1175 (2 December 2009) 
Catchwords:
 FAMILY LAW – CHILDREN – Child Abduction – procedure – benefits of mediation – exceptional circumstances warranting appointment of an independent children’s lawyer – alleged wrongful retention – children not habitually resident in USA – exce

State Central Authority & Quang [2009] FamCA 1038 (26 October 2009) 
Catchwords:
 FAMILY LAW – CHILDREN – Access application under the Family Law (Child Abduction Convention) Regulations 1986 – Appointment of an independent children’s lawyer – Exceptional circumstances found to exist

Taybor & Anderson (No. 2) [2009] FamCA 923 (4 September 2009) 
Catchwords:
 FAMILY LAW – CHILD ABDUCTION – Child taken from Australia – Child brought to Australia – Hague Convention FAMILY LAW – CHILDREN – Child related proceedings – Best interests – With whom a child lives FAMILY LAW – CHILD ABUSE – Allegation of

Department of Child Safety & Starky [2009] FamCA 774 (19 August 2009) 
Catchwords:
 FAMILY LAW – CHILD ABDUCTION – Hague Convention – 2½ year old boy – Father has residence order in UK – Wrongfully retained in Australia – Consented to order for return – Authorities in Australia and UK unable to implement – Grave risk

Department of Child Safety & Butler [2009] FamCA 740 (14 August 2009) 
Catchwords:
 FAMILY LAW – CHILD ABDUCTION – Hague Convention – Removal from NZ to Australia – Whether the child was habitually resident in Australia – Regard to be had to the circumstances of the case – Find that the child was habitually resident in Aus

Department of Child Safety & Downs-Hopman [2009] FamCA 808 (8 July 2009) 
Catchwords:
 FAMILY LAW – CHILD ABDUCTION – Hague Convention – Child wrongfully retained – No material filed by Respondent – Case made out – Orders for return

Department of Child Safety & Kells [2009] FamCA 452 (29 May 2009) 
Catchwords:
 FAMILY LAW – CHILD ABDUCTION – Hague Convention – Family Law (Child Abduction Convention) Regulations1986 – construction of Regulation 16(2)(c)