FAMILY LAW – APPEAL – HAGUE CONVENTION ON THE CIVIL ASPECTS OF INTERNATIONAL CHILD ABDUCTION – application for permanent stay – basis on which a permanent stay may be ordered – wrongful retention – jurisdiction to make a return order pursuant to Regulation 16(1) is enlivened by finding jurisdictional facts – nothing in the Regulations or the Convention suggests that an application for orders that asserts a date of wrongful retention which date is not accepted by the Court must be dismissed and a fresh application filed.
FAMILY LAW – APPEAL – HAGUE CONVENTION ON THE CIVIL ASPECTS OF INTERNATIONAL CHILD ABDUCTION – ROLE OF CENTRAL AUTHORITY – Regulation 13(1)(b) requires that the Central Authority is satisfied that the “claim” provides an evidentiary foundation for each of the matters referred to in Regulation 13(1)(a) and the other matters which must be established so as to invoke the Convention – appeal allowed – order for a permanent stay dismissed.
NOTE: The period for seeking special leave to appeal to the High Court has not expired.