FAMILY LAW - CHILD ABDUCTION – Child brought to Australia – Where the father removed the child from Indonesia and was apprehended by police when attempting to remove the child from Australia – Where Indonesia is not a signatory to the Hague Convention – Matter to be determined according to the best interests of the child by way of summary hearing – Where the child could have the benefit of both of his parents being in the same geographic proximity if he lived in Indonesia – Where there are grave concerns about the father’s willingness to facilitate the child’s relationship with the mother – Where there are domestic violence proceedings against the husband in Indonesia – Where there is no evidence to suggest that the courts of Indonesia will not properly inquire into and determine the child’s permanent custody – Orders that the child live with the mother in Indonesia
FAMILY LAW - EVIDENCE – Expert Evidence – Where the father relies on an affidavit purporting to give expert evidence about the law applicable in Indonesia, the processes which will be applied, and the likely consequences for the father of his return to Indonesia – Where the deponent is the father’s lawyer in the substantive proceedings in Indonesia – Where the Family Law Rules 2004 (Cth) have not been complied with – Where the conclusions contained in the expert evidence are broad, supported by no facts, and rely on the deponent’s subjective experience – Where the evidence is partisan in nature – Found that little or no weight should be given to the opinions expressed by the deponent