- The application was made within one year of the children being removed.
- The removal was wrongful (without the consent of one of the parents and in breach of another parents rights of custody).
- There is a grave risk that the return of the children to Italy would expose them to physical or psychological harm or otherwise place them in an intolerable situation; or
- The children object to being returned and their objection shows a strength of feeling beyond the mere expression of a preference or ordinary wishes and the children are of an age and maturity where it is appropriate to take into account their views.
- January 2007- mother and father separated in Italy
- 27 November 2008 – mother and father entered into consent orders in Italy for children to live with the mother and spend weekend overnight time with the father
- July 2010 – mother failed to return the children to Italy after a four week holiday in Australia
- 18 February 2011 – an application was made under the Hague Convention for the return of the children to Italy
- 16 May 2011 – the application for return of the children to Italy was heard by Justice Forrest
- 23 June 2011 – a decision was made by Justice Forrest for the children to be returned
- 5 August 2011 – an appeal was filed by the mother
- 5 September 2011 – the appeal was heard by the Full Court of the Family Court of Australia
- 9 March 2012 – the Full Court of the Family Court of Australia delivered their decision.
Reproduced with permission.
For more information go to www.flpa.org.au.