24 April 2020
Affaire renvoyée au tribunal inférieur
Affaire renvoyée devant le tribunal inférieur
Family Law Act 1975 (Cth) Pt X, ss 111B, 117, 117AA
Federal Proceedings (Costs) Act 1981 (Cth) ss 6, 8, 9
Family Law (Child Abduction Convention) Regulations 1986 (Cth) reg 14
Family Law Regulations 1984 (Cth) reg 15A
Children wrongfully retained – Mother the primary carer of the children, Father exercising custody rights at time of removal – Children lived in Colombia until December 2018 – Application for return filed with the Central Authority of Colombia –Return refused at first instance, appeal allowed and case remitted to lower court – Main issues: Article 13(1)(b) - whether the return to Colombia would pose a grave risk of harm to the children; COVID-19 - the court asked for submissions about travel to Colombia in the event a return order were to be made; Father had right to appeal despite the fact that in the first instance he was not a party but represented by the Central Authority. The father was substantially, if not technically, a party and a person who might properly have been one.