State Central Authority and Bacman

The parties to these proceedings are the State Central Authority, acting on behalf of the requesting parent, Mr C, and the respondent mother, Ms Bacman. The dispute concerns an application for the return of the child, X, born in 2017, to Norway pursuant to regulation 16(1) of the Family Law (Child Abduction Convention) Regulations 1986. The matter came before Bennett J of the Family Court of Australia.

The court was required to determine the immediate care and location of the child, X, pending the determination of the return application. Key issues included the respondent mother's obligations regarding her attendance at court, the delivery of the child to a designated care room, and the filing of specific response material outlining any grounds for opposing the child's return. The court also considered the need for an independent children's lawyer and the imposition of interim injunctions to secure the child's location and safety, including restrictions on her removal from Australia and Victoria, and the surrender of her passports.

In reaching its decision, the court applied principles relating to the urgent protection of children in international abduction matters. The orders made were noted as Commonwealth personal protection measures taken for the child's protection as a matter of urgency, pursuant to s111CD(1)(b)(i) of the Family Law Act 1975. The court directed the respondent mother to file a detailed response to the return application and any proposed conditions for return. Furthermore, the court ordered that parenting proceedings commenced by the mother be stayed pending the determination of the return application and requested the appointment of an independent children's lawyer.

The court ordered that the matter be adjourned for a further hearing on 17 July 2019 for directions for trial. The respondent mother was ordered to attend court personally and deliver the child to the Child Care Room by 9:00 am on the adjourned date. The court also imposed significant interim injunctions, including restraining the mother from removing the child from the Commonwealth of Australia and requiring the surrender of all passports held in the child's name. The Australian Federal Police were requested to place the child's name on the Airport Watch List.