STATE CENTRAL AUTHORITY; DEPARTMENT OF HUMAN SERVICES AND KROBAS

The case of *State Central Authority; Department of Human Services v Krobos* concerned an application brought by the State Central Authority, representing the Greek Central Authority, seeking the return of a child to Greece. The respondent, Mr Krobos, was the child's father. The dispute arose from the child's habitual residence in Greece and the alleged wrongful removal of the child to Australia. The matter was heard by Cronin J in the Family Court of Australia.

The primary legal issue before the Court was whether the child, born in August 2002, had been wrongfully removed from Greece, its place of habitual residence, to Australia, within the meaning of the *Family Law (Child Abduction Convention) Regulations 1989* (Cth). This involved determining if the removal was contrary to the custody rights of the applicant and if the child had been retained in Australia.

Cronin J found that the child had been wrongfully removed from Greece. The Court applied the principles of the Hague Convention on the Civil Aspects of International Child Abduction, as implemented by the *Family Law (Child Abduction Convention) Regulations 1989*. The Court reasoned that the child’s habitual residence was Greece and that the removal was contrary to the rights of custody held by the child's mother. The Court ordered the child's return to Greece, requiring the respondent to purchase a one-way ticket and provide itinerary details to the applicant. The Court also ordered the discharge of previous orders, including the removal of the child's name from the Airport Watch List prior to departure.