C & B

In the matter of C & B, the parties were C (the applicant) and B (the respondent). The dispute concerned an application for an order for the recovery of a child. The case was heard in the Family Court of Australia by Chief Justice Bryant.

The primary legal issue before the court was whether the child had been wrongfully removed from Australia, within the meaning of the *Hague Convention on the Civil Aspects of International Child Abduction* (the Convention), as implemented by the *Family Law Act 1975* (Cth). Specifically, the court had to determine if the child's habitual residence was Australia and if the removal was contrary to the rights of custody held by the applicant.

Chief Justice Bryant reasoned that the evidence established that the child’s habitual residence was Australia. Her Honour found that the respondent’s actions in removing the child from Australia were not justified by any agreement or consent from the applicant. Applying the principles of the Convention, the court concluded that the child had been wrongfully removed.

Consequently, the court ordered the child’s return to Australia.