Secretary, Department of Family and Community Services v. Padwa

Abstract

Treaties — Application — Convention on the Civil Aspects of International Child Abduction, 1980 — Family Law (Child Abduction Convention) Regulations 1986 (Cth) — Regulation 16(1A)(b) — Test for determining habitual residence of child immediately prior to retention — Possibility of two habitual residences — Whether trial judge applying correct test in determining question of habitual residence — Whether Convention properly invoked upon child’s retention in Australia

Relationship of international law and municipal law — Treaties — Interpretation — Convention on the Civil Aspects of International Child Abduction, 1980 — Family Law Act giving effect to Convention in Australia — Family Law (Child Abduction Convention) Regulations 1986 (Cth) — Regulation 16(1A)(b) — Determination of habitual residence — Jurisprudence from other jurisdictions — Whether binding — Whether uniformity desirable — Whether consistent with Australian jurisprudence — Whether Convention properly invoked upon child’s retention in Australia — The law of Australia