STATE CENTRAL AUTHORITY & AFRIDI

The case of *State Central Authority & Anor v Afridi* [2023] NSWSC 1073 concerned an application by the State Central Authority (SCA) for an order for the recovery of a child, pursuant to the *Child Protection (International Conventions) Act 1991* (NSW) and the Hague Convention on the Civil Aspects of International Child Abduction. The SCA sought the return of a child, who was allegedly wrongfully removed from the United States of America to New South Wales. The respondent, Mr. Afridi, opposed the application, arguing that the child was not habitually resident in the United States and that the removal was not wrongful.

Johns J was required to determine whether the child had been habitually resident in the United States immediately prior to the alleged wrongful removal. Further, the court had to consider whether the removal was wrongful under the laws of the United States, and if so, whether any of the exceptions to the obligation to return the child applied, specifically the exception where the child had attained the age of 16 years.

In reaching his decision, Johns J analysed the evidence presented by both parties regarding the child's residence and the circumstances of the removal. His Honour applied the principles established in *K v K* [2016] HCA 26, which outline the test for habitual residence, emphasising the need for a degree of settled purpose and stability. The court also considered the relevant provisions of the Hague Convention and the *Child Protection (International Conventions) Act 1991* (NSW) concerning wrongful removal and the age of the child.

Johns J found that the child had not attained the age of 16 years at the time of the application and that the child had been habitually resident in the United States. His Honour further determined that the removal was wrongful under the laws of the United States. Consequently, the court ordered the return of the child to the United States of America.