STATE CENTRAL AUTHORITY & KODENIKOS

Case

[2010] FamCA 872

29 September 2010


Details
AGLC Case Decision Date
STATE CENTRAL AUTHORITY & KODENIKOS [2010] FamCA 872 [2010] FamCA 872 29 September 2010

CaseChat Overview and Summary

In the matter of *State Central Authority & Kodenikos*, Cohen J of the Family Court of Australia considered an application concerning the welfare and return of a child, N, born in April 2009. The dispute involved the child's mother, represented by the State Central Authority, seeking the child's return to Greece, and the respondent father, Mr Kodenikos.

The court was required to determine whether to make orders for the child's immediate return to Greece pursuant to the *Family Law (Child Abduction Convention) Regulations 1986*, and to restrain the father from removing the child from the Commonwealth of Australia. The court also considered arrangements for the child's custody and residence pending further orders from a Greek court.

Cohen J ordered that the respondent father, and any other person, be restrained from removing the child from Australia. The court further ordered the State Central Authority to make arrangements for the child's return to Greece forthwith, accompanied by his mother, Ms T. The father was directed to surrender all current passports for the child to the Central Authority, which was authorised to collect any lodged with the Family Court. The mother was granted custody of the child and he was to reside with her until a Greek court made orders regarding custody and residence. The father was ordered to meet the reasonable costs of the child's return to Greece, including airfares and other necessary expenses. Issues regarding the cost of the mother's return and overall costs were reserved.
Details

Areas of Law

  • Family Law

  • Administrative Law

Legal Concepts

  • Injunction

  • Jurisdiction

  • Costs

  • Remedies

  • Procedural Fairness

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Cases Citing This Decision

0

Cases Cited

1

Statutory Material Cited

0

Luxton v Vines [1952] HCA 19
Luxton v Vines [1952] HCA 19