Court returns child to Ghana

Posted on January 20th, 2017

Share on LinkedInTweet about this on TwitterEmail this to someoneShare on Google+Print this page

Court Returns Child to GhanaFrom time to time the Australian courts are required to decide with which parent, and in which country, a child should live until it can be determined which country’s Courts will resolve the matter on a final basis.

In the recent case of Acquaah-Akuffo and Abioye (2016) the Full Court of the Family Court of Australia dismissed a Father’s appeal against orders to return a child to Ghana pending the determination of which country was the appropriate forum for the final hearing.

The trial judge, faced with the circumstances of the father having removed the child from Ghana for a holiday in Australia with the mother’s permission but on the basis that the child would be returned to Ghana before the commencement of the next school term which did not occur, had decided that the child should be returned to the mother’s care in Ghana pending the later determination of the appropriate forum.

The Full Court upheld the trial judge’s decision that returning to the mother’s care without further delay was in the child’s best interest given that the mother had been the child’s primary care giver prior to the child having been removed to Australia.

 

stamp duty family law

Rose Laffan is a Senior Solicitor at Mullane & Lindsay, and practises extensively in Family, Relationship and Matrimonial Law. If you require any assistance in this area please contact Rose Laffan to arrange a consultation or contact our Newcastle office.

 

Share on LinkedInTweet about this on TwitterEmail this to someoneShare on Google+Print this page