DP v Commonwealth Central Authority

Family law – Children - Family Law (Child Abduction Convention) Regulations - Orders for return of child to country of habitual residence - Refusal to make such an order - Grave risk of exposure to physical or psychological harm to child - "narrow construction" - Onus of proof of establishing that Greece lacked appropriate facilities for child suffering Autistic Spectrum Disorder - Court erred in accepting finding of trial judge that return of child to Greece would not constitute a grave risk of physical or psychological harm to child - Question of available facilities a question of fact not assumption.

International law – Treaties - Interpretation - Child Abduction Convention - Incorporation by Family Law (Child Abduction Convention) Regulations - Approach to construction - Whether "narrow construction" of exceptions to return of child required to achieve stated purposes of Convention.

Words and phrases – "grave risk of physical or psychological harm".

Family Law Act 1975 (Cth) – s 111B(1).

Family Law (Child Abduction Convention) Regulations – regs 14, 16(3)(b).

Convention on the Civil Aspects of International Child Abduction.

Family law – Children - Family Law (Child Abduction Convention) Regulations - Orders for return of child to country of habitual residence - Refusal to make such an order - Grave risk of exposure to physical or psychological harm to child - "Narrow construction" - Evidence of serious risk of mother committing suicide if child returned to father in Mexico - Court erred in finding that the mother's suicide would not expose child to grave risk of physical or psychological harm - Relevance of mother as originator of the source of the risk of harm.

International law – Treaties - Interpretation - Child Abduction Convention - Incorporation by Family Law (Child Abduction Convention) Regulations - Approach to construction - Whether "narrow construction" of exceptions to return of child required to achieve stated purposes of Convention.

Words and phrases – "grave risk of physical or psychological harm".

Family Law Act 1975 (Cth) – s 111B(1).

Family Law (Child Abduction Convention) Regulations – regs 14, 16(3)(b).

Convention on the Civil Aspects of International Child Abduction.