CASE

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Case Name

Commonwealth Central Authority v. Cavanaugh [2015] FamCAFC 233, (2015) FLC 93-682

INCADAT reference

HC/E/AU 1355

Court

Country

AUSTRALIA

Name

Family Court of Australia

Level

Appellate Court

Judge(s)

Strickland, May & Aldridge JJ

States involved

Requesting State

FINLAND

Requested State

AUSTRALIA

Decision

Date

11 December 2015

Status

-

Grounds

Habitual Residence - Art. 3

Order

Appeal allowed, return ordered

HC article(s) Considered

-

HC article(s) Relied Upon

3

Other provisions

Family Law Regulations 1986, Family Law Act 1975, Federal Proceedings Act 1981

Authorities | Cases referred to

Cooper v. Casey 1995 FLC 92-575 [INCADAT reference HC/E/AU 104], LK v. Director-General  Dpt of Community Services 2009 237 CLR 582, Re B 1993 1 FLR 5848 (UK), Re F 1992 1  FLR 548 (UK) [INCADAT Reference HC/E/UKe 40], State Central Auhority v. Camden FLC 93-501(2012), Wolford v. Secretary, Attorney General’s Dpt FamCAF 197 (2014).

Published in

-

SYNOPSIS

Synopsis available in EN | FR

3 children wrongfully retained at age 8, 10 and 12 - Married parents - Father national of Australia - Mother national of Finland and Australia - Family moved to Finland from Australia in June 2014 - Family returned to Australia for a temporary visit in March 2015 - Application for return filed with the first instance court in May 2015 - Return ordered - Main issues: Habitual residence - Where the parents have a common intention to settle in a given State for a year without any agreement as to where they would live thereafter, the children may be considered habitually resident there, depending on the facts of the case (including attendance and progression at school, engagement in extra-curricular activities, connections with friends and family, receipt of government benefits, the parents’ (search for) employment, participation in local health schemes) - The finding that a child has acquired habitual residence in a given State may more readily be made where the child has already lost habitual residence in the State in which he or she previously lived

SUMMARY

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