State Central Authority and Tercel
Case
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[2016] FamCA 243
•18 April 2016
Details
AGLC
Case
Decision Date
State Central Authority and Tercel [2016] FamCA 243
[2016] FamCA 243
18 April 2016
CaseChat Overview and Summary
The parties before the court were the State Central Authority and Mr Tercel, concerning the child B. The dispute involved the return of the child to Poland under the *Family Law (Child Abduction Convention) Regulations 1986* (Cth). The matter was heard by Macmillan J in the Family Court of Australia.
The court was required to determine whether the child B should be returned to Poland. This involved considering the application of the *Family Law (Child Abduction Convention) Regulations 1986* (Cth) and the circumstances surrounding the child's presence in Australia.
Macmillan J ordered that the child B be returned to Poland within 14 days. The court directed the release of the child's Polish and Australian passports to the requesting mother, Ms C. Pending the child's departure, Mr Tercel was restrained from removing the child from Australia or Victoria, from applying for new passports for the child, and from changing the child's residence or schooling without agreement. The court also ordered that the child be removed from the airport watch list upon confirmation of travel arrangements for the return to Poland. The applications filed by the parties were otherwise dismissed.
The court was required to determine whether the child B should be returned to Poland. This involved considering the application of the *Family Law (Child Abduction Convention) Regulations 1986* (Cth) and the circumstances surrounding the child's presence in Australia.
Macmillan J ordered that the child B be returned to Poland within 14 days. The court directed the release of the child's Polish and Australian passports to the requesting mother, Ms C. Pending the child's departure, Mr Tercel was restrained from removing the child from Australia or Victoria, from applying for new passports for the child, and from changing the child's residence or schooling without agreement. The court also ordered that the child be removed from the airport watch list upon confirmation of travel arrangements for the return to Poland. The applications filed by the parties were otherwise dismissed.
Details
Key Legal Topics
Areas of Law
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Family Law
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Immigration
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Civil Procedure
Legal Concepts
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Injunction
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Jurisdiction
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Procedural Fairness
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Remedies
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Standing
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Appeal
Actions
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Cases Citing This Decision
0
Cases Cited
8
Statutory Material Cited
0
Director-General NSW Department of Community Services & JLM
[2001] FamCA 1338
DJL v Central Authority
[2000] HCA 17
DJL v Central Authority
[2000] HCA 17