Northern Territory Central Authority & Adlin (No. 3)

In the matter of *Mr Adlin v Northern Territory Central Authority*, Williams J of the Federal Circuit Court of Australia considered an application for a stay of orders pending the determination of an appeal. The applicant, Mr Adlin, sought to stay orders previously made by the Court on 15 April 2021, in relation to an appeal filed on the same date.

The central legal issue before the Court was whether to grant a stay of the existing orders, and if so, upon what conditions. This involved assessing the balance of convenience and the potential impact on the children and the parties involved, particularly in the context of international child abduction proceedings under the Hague Convention.

Williams J reasoned that a stay was warranted, but subject to specific conditions designed to protect the children's welfare and ensure the expeditious prosecution of the appeal. The conditions stipulated that if the mother remained in Australia pending the appeal, the children were to remain in her care. Furthermore, the father was required to prosecute the appeal with all due diligence, including seeking expedition if necessary, and to comply with any directions from the appeals registrar. The Court also directed the Northern Territory Central Authority to assist the mother in extending her visa if requested, to facilitate her remaining in Australia.