Chammalee and Fulwood

In *Chammalee and Fulwood*, Henderson J of the Federal Circuit and Family Court of Australia was required to determine issues concerning the habitual residence of a child and the father's obligation to return the child to Australia. The dispute arose in circumstances where the child, born in 2008, was alleged to have been wrongfully removed from Australia.

The central legal issues before the court were whether Australia constituted the child's habitual place of residence and, consequently, whether the father was obligated to cause the child's return to Australia. The court also considered ancillary matters relating to the child's living arrangements and the provision of travel documents upon return.

Henderson J declared that Australia was the child's habitual place of residence. The court reasoned that the child had been living in Australia for a significant period and that the removal to Thailand was not indicative of a change in habitual residence, but rather a temporary displacement. Applying principles of international family law, the court found that the child's best interests were served by returning to Australia. Accordingly, the court ordered that the father cause the child to return to Australia forthwith at his expense, that upon return the child live with the mother, and that the father provide the child’s Australian and Thai passports to the mother.