Event and Time
Event Description
- Case: Child abduction under the Hague Convention.
- Parties Involved: Secretary, Department of Communities and Justice (State Central Authority) vs. Ms. Caladine (mother) and Mr. B (father).
- Jurisdiction: Family Law (excluding certain publications) within the Federal Circuit and Family Court of Australia.
- Key Dates:
- Children brought to Australia: August 2020. - Application for return filed: 9 August 2021. - Further trial adjourned to: 22 November 2021.
Application and Claims
- The Secretary filed an application seeking the return of children X (born 2017) and Y (born 2019) to the USA.
- The basis for return is under the Family Law (Child Abduction Convention) Regulations 1986 (Cth) pursuant to the Hague Convention.
- The mother's rights of custody and allegations of family violence against the father, as well as the father’s fears regarding child abduction, were discussed in the evidential context.
Judicial Decisions
1. The hearing of the application for the return of the children is adjourned to 22 November 2021. 2. Directives issued for both parties regarding affidavit submissions and outlines of the case ahead of the trial.
Dispute Points and Legal Basis
Dispute Points
- For the Applicant (State Central Authority):
- Argues that the removal of the children was wrongful under the Hague Convention. - Claims that the father was exercising rights of custody at the time of removal.
- For the Respondent (Ms. Caladine):
- Dispute regarding the father’s assertion of custody rights during the relevant period before removal. - Allegations of family violence on both sides may influence the considerations concerning the best interests of the children.