24 Nov 2008
FAIRFAX V IRETON HC AK CIV 2008-404-004279
- Citation
- openlaw-27ae1c89_56ff_402c_a4ea_79398405aa0f.pdf
- Court
- High Court
Court held as a matter of law that (a) if the Australian Family Court finds the parents were de facto partners at the child's birth the father would be a guardian under COCA and thus possess Article 5(a) rights of custody and the removal would be wrongful under Article 3; (b) if the Family Court finds they were not de facto partners the mother would be sole guardian and the father's inchoate/non‑guardian rights would not amount to Article 5(a) rights of custody; the High Court declined to determine the factual de facto issue and issued the Article 15 legal determination accordingly.