family law practitioners’ association comments on ‘four sisters custody matter’
In relation to the four sisters custody matter, the Family Law Practitioners’ Association of Queensland president Deborah Awyzio makes the following comment:
“The High Court of Australia has today earmarked sometime during the week beginning August 7 to hear the case of the four sisters at the centre of an international custody matter.
“The High Court application, as we understand it, is seeking that the High Court issue an injunction against Justice Forrest of the Family Court of Australia and the quashing of the return order.
“The application is sought on the grounds that the children were denied ‘natural justice’ in making the original order.
“This is a rare application that urges the High Court to consider the case on the grounds of basic human rights under the Constitution, beyond the parameters of the Hague Convention to which Australia is a signatory.”
- There is an order made by the Family Court of Australia for the four children to be returned to Italy.
- There are no current applications in the Family Court.
- The only application is the current application in the High Court of Australia.
- The Department of Communities (Child Safety and Disability Services) has given an undertaking in the High Court not to enforce the current return order made in the Family Court.
Family Law Practitioners’ Association comments on ‘four sisters custody matter’
The High Court has today earmarked the week beginning 7 August 2012 for the application by the great aunt of the children to be heard before the full bench of the High Court.
Until any application is made in the Family Court of Australia the children will remain in the care of the Department of Communities (Child Safety and Disability Services)
Disclaimer : This article provides basic information only and is not a substitute for a professional or legal advice. It is prudent to obtain legal advice from a family lawyer.