Commissioner of Police, South Australia (State Central Authority) and Selik (No 2)

This matter concerned an application before Austin J of the Family Court of Australia concerning the return of a child to the United Kingdom under the Family Law (Child Abduction Convention) Regulations 1986 (Cth). The dispute involved the terms and conditions of the child's return, specifically regarding financial contributions and undertakings from the father.

The court was required to determine the appropriate amount the father should contribute towards the costs of the child's return, given the modest financial circumstances of both parties. Additionally, the court considered the enforceability of undertakings proposed by the respondent concerning the father's future conduct towards her and the child upon their return to the United Kingdom. The court also had to address the timing of the return, considering the seven months that had elapsed since the child's wrongful removal.

Austin J reasoned that while the respondent sought a significant financial contribution from the father, his capacity was limited. Accepting the father's concession regarding his financial capacity, the court ordered him to pay AUD $1,000 to the respondent to assist with the costs of returning the child. Regarding the proposed undertakings, the court noted that their enforceability in proceedings under the Regulations was a moot point, but it made notations to the return order reflecting the father's willingness to regulate his behaviour in the specified ways. The court concluded that three weeks would be a sufficient period to ensure the child's return, given the delay that had already occurred.