S v W

This matter concerned an application by the applicant, S, for an order for the recovery of a child, W, from the respondent, also named W. The dispute arose from the respondent's refusal to return the child to the applicant following a period of agreed access. The application was heard by Warnick J in the Family Court of Australia.

The central legal issue before the court was whether the child, W, had been wrongfully retained by the respondent contrary to the applicant's rights of custody. This required the court to determine if the respondent's actions constituted a contravention of the *Hague Convention on the Civil Aspects of International Child Abduction* (the Convention) and, if so, whether any exceptions to the Convention's provisions applied.

Warnick J considered the evidence presented by both parties regarding the child's habitual residence and the circumstances surrounding the retention. The court applied the principles of the Convention, focusing on whether the child was removed from a contracting state and whether the applicant had actual custody rights at the time of the retention. The court also examined the respondent's arguments concerning the child's well-being and potential risk if returned, assessing whether these grounds constituted a valid defence under the Convention.

The court ultimately found that the child had been wrongfully retained within the meaning of the Convention and ordered the child's return to the applicant.