Department of Communities, Child Safety and Disability Services & Lasko (No. 2) [2012] FamCA 941 – 09/11/2012

CATCHWORDS:

FAMILY LAW– CHILD ABDUCTION – HAGUE CONVENTION – Whether the children were habitually resident in Cyprus when removed from that country – where the children had been born in Australia and had lived here for several years – where the mother left Australia in circumstances where she separated from the father and asserts she only went to Cyprus for a temporary stay – where the father also returned to Cyprus – where the mother and the children stayed in Cyprus for almost 2 years - where the Court found that the children were habitually resident in Cyprus at the time of their removal - where the mother unilaterally removed the children from Cyprus without the father’s consent –  whether the children face a grave risk of being exposed to harm if they return – where it is determined they do not -  whether the children face poverty and instability if they return – where the mother has lived in Cyprus – where the mother has support in Cyprus – where there has been family violence