COMMISSIONER OF POLICE SOUTH AUSTRALIA (STATE CENTRAL AUTHORITY) & WIMBORNE

This matter concerned 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 was Mr Wimborne, the child's father. The proceedings were before Justice Dawe of the Family Court of Australia.

The primary legal issues before the Court were whether the child's retention in Australia should be permitted based on concerns raised by the father, or whether the child should be returned to Wisconsin, USA, for the determination of parenting orders there. The Court also considered the appropriate procedural steps for the final determination of the matter, including the potential need for oral evidence and a Family Consultant's report, and the question of whether the child's mother should be joined as a party to the proceedings.

Justice Dawe reasoned that the child was habitually resident in the United States at the time of travel to Australia. While acknowledging the father's concerns and cross-application, the Court determined that it was not appropriate to make interim orders that might complicate ongoing proceedings in Wisconsin, where the parties were already litigating parenting orders. The Court declined to appoint an Independent Children's Lawyer, citing the High Court's decision in *RCB (as litigation guardian of EKV, CEV, CIV and LRV) v The Honourable Justice Forrest* [2012] HCA 47, and noting the existence of a guardian ad litem in the American jurisdiction.

By consent, the Court made interim orders preventing the child's removal from South Australia and requiring the surrender of passports pending final determination. The Hague Initiating Application was referred to the Docket Registrar for allocation of a one-day trial date as soon as possible for directions and preparation for a final hearing, with the understanding that limited oral evidence might be presented. The Court also raised for consideration the appropriateness of joining the child's mother as a party, given that orders were being sought that would directly affect her.