the high court found that the children were not habitual residents of israel
In the matter of LK v Director-General, Department of Community Services the High Court of Australia has allowed an appeal by the mother of 4 children born in Israel against orders requiring her to return the children to Israel.
The mother and father lived in Israel where the children were born. The children were entitled to Australian citizenship through their mother. The parties separated in 2005 with the children remaining in the mother’s care in Israel. In 2006 the mother and the children came to Australia with the consent of the father. The parties agreed that should they reconcile the mother and the children would return to Israel. Before leaving Israel, and on her arrival in Australia, the mother took steps to establish a permanent home for the children in Australia. Two months after the children arrived in Australia the Father sought their return, and stated that he wanted a divorce.
The Full Court of the Family Court had found that the children were habitual residents of Israel and so ordered that they be returned to Israel. The High Court however found that the children were not habitual residents of Israel and that the deciding factor was that the parents had agreed, prior to the children departing Israel, that the children would stay in Australia unless there was a reconciliation. The full judgment can be read here.
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.