C and C and C : Accrued Jurisdiction

This matter concerned an application by the respondent father for the return of his children to him, pursuant to the Hague Convention on the Civil Aspects of International Child Abduction. The applicants, the children's mother and maternal grandmother, sought to resist the return order. The case came before Jerrard J of the Supreme Court of Queensland.

The central legal issue before the Court was whether the children had been wrongfully removed from the United States of America, which was their habitual residence, and whether the applicants had established any of the exceptions to the mandatory return order under the Hague Convention. Specifically, the Court had to consider whether the children had become settled in Australia, whether the removal was authorised by the mother, and whether the children had reached an age and degree of maturity at which it would be appropriate to take account of their views.

Jerrard J found that the children had been wrongfully removed from the United States. His Honour determined that the children had not become settled in Australia, noting that their stay was of relatively short duration and that the mother had not taken steps to establish a permanent home. Furthermore, the Court found that the removal was not authorised by the father, and that the children, being of tender years, were not of an age or maturity to have their views taken into account in the context of the Convention. The Court applied the principles of the Hague Convention, emphasising the need for prompt return of children wrongfully removed to their habitual residence.

The Court ordered the return of the children to the United States of America.