HC/E/AU 1455
Australie
Deuxième Instance
Colombie
Australie
24 April 2020
Affaire renvoyée au tribunal inférieur
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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
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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.