CENTRAL AUTHORITY & WAGEMAN

This matter concerned an application by Ms Wageman, the mother, to vary orders made by the Family Court of Australia on 28 November 2012. Those orders mandated the return of her two young children to Sweden by 16 December 2012, pursuant to the Family Law (Child Abduction Convention) Regulations 1986 (Cth). The application arose after it was discovered that the children's emergency Swedish passports, issued to facilitate their return to Sweden, did not permit an overnight stopover in Hong Kong, which the mother had planned to visit her brother before proceeding to Sweden.

The primary legal issue before the Court was whether to release the children's passports, held by the Court, to the mother to enable her to travel with the children to Hong Kong and then to Sweden. The mother sought this release to facilitate a stopover in Hong Kong, arguing it was in the children's best interests given the arduous journey. The Central Authority and the father of the children opposed this application, with the father expressing concerns about the mother being a flight risk.

Justice Johnston considered the mother's assurance that she would return to Sweden after a 36-hour stopover in Hong Kong and noted that Hong Kong is a member of the Hague Convention, providing a mechanism for return if necessary. However, the Court ultimately determined that releasing the passports could facilitate travel to a destination other than Sweden, which would contravene Australia's obligations under the Convention. The Court expressed concern that providing the passports might enable the children to travel elsewhere, thereby undermining the Convention's purpose.

Consequently, the Court indicated it would not grant the mother's application to release the passports. Instead, it directed further discussions between the parties and made itself available to provide assistance throughout the week.