Intolerable situation

Intolerable situation

Comar & Comar,  Appeal Court Australia, 24 April 2020, FamCAFC 99 Grave risk In this case, the court had denied the children’s return to Columbia because there was a serious risk that, if returned, the children would be exposed to a physical or mental...
Habitual residence

Habitual residence

Balev v. Baggott, Court of Appeal for Ontario, Canada 13 September 2016, ONCA 680 2 children wrongfully retained at ages 11 and 8 – Nationals of Canada – Married parents – Father national of Canada – Mother national of Canada – Father...
Intolerable situation

Grave risk, no return

Walpole & Secretary, Department of Communities and Justice Appellate Court of Australia, 25 March 2020, FamCAFC 65 The Appeal Court gives no return order because of grave risk and the fact that there is no evidence that safety conditions will be effective....