Department of Human Services and Parry

The case of *Department of Human Services and Parry* concerned an application by the Department of Human Services for a declaration that the removal of a child, J, from England to Australia by her mother was wrongful under the *Hague Convention on the Civil Aspects of International Child Abduction* (the Abduction Convention). The application was heard by Justice Ryan.

The central legal issue before the Court was whether the child J's removal from England on 24 January 2010 and her subsequent retention in Australia by her mother constituted a wrongful removal and retention within the meaning of Article 3 of the Abduction Convention. This required the Court to determine if the child had been habitually resident in England immediately prior to her removal and if the mother had wrongfully removed or retained her from that place of habitual residence.

Justice Ryan found that the child J was habitually resident in England at the time of her removal. The Court reasoned that the mother's actions in removing J from England and retaining her in Australia were therefore wrongful within the meaning of Article 3 of the Abduction Convention. The Court made a declaration to this effect.