Department of Communities, Child Safety and Disability Services and Lasko (No. 2)

The Family Court of Australia heard an application by the Director-General of the Department of Communities, Child Safety and Disability Services, acting as the State Central Authority, for the return of two children to Cyprus under the Hague Convention on the Civil Aspects of International Child Abduction. The respondent was the children's mother, Ms Lasko. The dispute centred on whether the children were habitually resident in Cyprus at the time of their removal to Australia and whether their removal was wrongful.

The court was required to determine if the children were habitually resident in Cyprus immediately before their removal to Australia, and if so, whether their removal was wrongful under the Family Law (Child Abduction Convention) Regulations 1986. Additionally, the court needed to consider if any exceptions to the mandatory return order applied, specifically whether the children faced a grave risk of harm or exposure to poverty and instability upon their return to Cyprus.

The court found that despite the mother's assertion of a temporary stay, the children had become habitually resident in Cyprus. This conclusion was based on a comprehensive factual inquiry, considering factors such as the settled purpose of the parents, the actual and intended length of stay, the strength of ties to Cyprus, and the degree of assimilation. The court was not satisfied that the mother's intentions to return to Australia were clear and unambiguous, particularly given her subsequent actions, including securing employment, signing a 12-month lease, and forming a new relationship in Cyprus. The court also found that the father had relocated to Cyprus, indicating a settled intention for the family to reside there. The court determined that the children did not face a grave risk of harm or poverty upon return.

Consequently, the court ordered the discharge of previous orders and mandated the return of the children to Cyprus. The orders included specific timelines for their departure and arrival, injunctions restraining the mother from removing the children from Australia or changing their residence pending their return, and provisions for the release of passports and the enforcement of the return order by law enforcement agencies. The mother was also ordered to bear the necessary expenses associated with the children's return.