Melrose and Guy and Anor

This matter concerned an application by the mother, Ms Melrose, against the father, Mr Guy, concerning their child, C. The dispute involved the child's habitual residence and the father's alleged wrongful removal of the child from Australia. The case was heard by Rees J in the Supreme Court of New South Wales.

The primary legal issue before the Court was whether the child, C, had been wrongfully removed from Australia within the meaning of the *Hague Convention on the Civil Aspects of International Child Abduction*. This required the Court to determine the child's habitual residence immediately prior to the alleged removal and whether the removal was contrary to the mother's custody rights. A secondary issue concerned orders to prevent the removal of both children, C and D, from Australia.

Rees J found that the child, C, was habitually resident in Australia. The Court determined that the father's removal of C from Australia was wrongful, as it was contrary to the mother's rights of custody and the child had not consented to the removal. The Court applied the principles of the Hague Convention, focusing on the child's habitual residence and the wrongful removal. The Court also made orders restraining both children, C and D, from being removed from Australia and requested the Australian Federal Police to place the children's names on the Airport Watch List.