Family Court of Australia

Department of Family and Community Services & Magoulas [2018] FamCA 102 (27 February 2018)

Child abduction – Hague convention application – application by the secretary of the department of family and community services for the return of an eight year old child to the Ukraine – dispute about whether the child was settled in Australia – dispute over mother exercising rights of custody – dispute over defences – where the child was settled in Australia – where the child was wrongfully removed to Australia by the father – where the mother did not consent to the father removing the child – where the child objects to the return but is insufficiently mature for that objection to be influential – where grave risk of physical or psychological harm or an intolerable situation is not established – where there is no discretion to order return – application dismissed.

 

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