SCA & RILLING

The case of *SCA & RILLING* concerned an application for the return of a child under the Hague Convention. The applicant sought the return of the child, and the respondent admitted a *prima facie* case of wrongful retention. The central dispute revolved around whether the child's return would expose him to a grave risk of harm or an intolerable situation.

The court was required to determine whether the respondent had established a defence to the child's return, specifically whether the child would face a grave risk of harm or an intolerable situation upon returning to the country of habitual residence. The court also considered the role of direct judicial communication, the appointment of an independent children's lawyer, and the availability of specialised Hague mediation.

Bennett J applied the principles of the Hague Convention, acknowledging that while a *prima facie* case of wrongful retention had been admitted, the respondent bore the onus of proving the defence. The court considered evidence relating to the potential risks to the child, weighing them against the general principle favouring the child's return. The court also noted the provisions for making immediate parenting orders upon return and the recognition of such orders under Article 11 of the 1996 Convention.

The court ordered the child's return to the country of habitual residence, finding that the respondent had not discharged the onus of proving that the child would be exposed to a grave risk of harm or an intolerable situation.