Commissioner of Police South Australia (State Central Authority) and Wimborne (No. 2)

The Family Court of Australia considered an application by the Commissioner of Police South Australia, acting as the State Central Authority, for the return of a child, L, to the United States of America under the Hague Convention. The respondent father, Mr Wimborne, initially opposed the child's return, raising concerns about potential harm and the child's wishes to remain in Australia. However, after submissions and evidence, including cross-examination of the mother, the father agreed to the child's return, but sought specific conditions to be attached to the order.

The court was required to determine the conditions that should be imposed on the order for the child's return to the United States. This involved assessing the evidence presented regarding the child's psychological and physical well-being, the mother's capacity to provide necessary care and therapy, and the child's expressed wishes. The court also had to consider the father's position that he would not return to the United States himself, which impacted the court's ability to impose conditions relating to future parenting arrangements.

Justice Cronin found that the father had conceded the necessary jurisdictional issues for the child's return under the Hague Convention. While the father initially raised objections concerning grave risk of harm and the child's wishes, the court was ultimately satisfied that the mother could provide the necessary care and support. The court noted that the psychologist's concerns about the mother's diligence were not borne out by the mother's evidence. Consequently, the court ordered the child's return to the United States with the mother, subject to a comprehensive set of conditions designed to ensure the child's welfare and facilitate ongoing communication with the father. These conditions included the mother's acknowledgement regarding prosecution, arrangements for therapy and ongoing medical care, enrolment in school, and adherence to existing Skype communication orders.