FAMILY LAW - CHILD ABDUCTION – HAGUE CONVENTION – HABITUAL RESIDENCE – whether the children were habitually resident in Australia at the time of their retention – whether the mother had a settled intention not to return to Israel with the children – discussion of Australian, New Zealand and English authorities on the term ‘habitual residence’ – appeal dismissed
FAMILY LAW - CHILD ABDUCTION – HAGUE CONVENTION – GRAVE RISK OF HARM – whether the existence of a travel warning for Israel created a grave risk that the return of the children to Israel would expose them to physical harm – whether the mother’s economic situation in Israel, if required to return with the children, would create a grave risk that the children would be exposed to physical or psychological harm or placed in an intolerable situation – appeal dismissed
FAMILY LAW - CHILD ABDUCTION – HAGUE CONVENTION – DISCRETION TO REFUSE TO ORDER RETURN – where the trial judge found the father had consented to the children being removed from Israel and retained in Australia – whether the trial judge erred in failing to exercise his discretion to refuse to order the children’s return to Israel – appeal dismissed
FAMILY LAW - CHILD ABDUCTION – HAGUE CONVENTION – ADEQUACY OF CONDITIONS – whether the trial judge erred in imposing conditions to accommodate the father’s limited financial means rather than to ameliorate the grave risk to the children of return – where the Full Court found there was no grave risk of return – appeal dismissed
FAMILY LAW - CHILD ABDUCTION – HAGUE CONVENTION – POSITION UNDER ISRAELI FAMILY LAW – whether the trial judge erred in failing to take account or judicial notice of the position under Israeli family law – whether the trial judge erred in determining it was necessary for the children to return to Israel so the court of Israel could determine custody arrangements – appeal dismissed
FAMILY LAW - CHILD ABDUCTION – HAGUE CONVENTION – FRESH EVIDENCE – where the mother sought to adduce fresh evidence of the children’s acclimatisation in Australia – where the Central Authority sought to adduce fresh evidence of legal proceedings instituted by the father in Israel – applications dismissed