LK v Director-General, Department of Community Services

HIGH COURT OF AUSTRALIAFRENCH CJGUMMOW, HAYNE, HEYDON AND KIEFEL JJLK  APPELLANTANDDIRECTOR-GENERAL, DEPARTMENT OF COMMUNITY SERVICES   RESPONDENTLK v Director-General, Department of Community Services[2009] HCA 911 March 2009S524/2008ORDER1.        Appeal allowed with costs.2.Set aside the orders of the Full Court of the Family Court made on 24 June 2008 and 4 July 2008 and in their place order that:(a)       the appeal to the Full Court be allowed; and(b)the orders of Kay J made on 29 August 2007 be set aside and in their place it be ordered that the application of the Director-General, Department of Community Services made on 15 March 2007 be dismissed.On appeal from the Family Court of AustraliaRepresentationP G Maiden SC with D L Ward for the appellant (instructed by the Legal Aid Commission of NSW)B W Walker SC with V A Hartstein for the respondent (instructed by the Department of Community Services Legal Services Branch)Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSLK v Director-General, Department of Community ServicesFamily Law – Children – Family Law (Child Abduction Convention) Regulations – Whether children habitually resident in convention country immediately before retention in Australia – Relevance of past and present intentions of each parent – Relevance of habitual residence of each parent – Weighting of relevant criteria – Appropriate time for determining habitual residence.Family Law – Children – Family Law (Child Abduction Convention) Regulations – Meaning of "habitually resident" – "habitual residence" distinct from connecting factors of domicile...