State Central Authority and Barnes (No 3)

In the matter of *State Central Authority and Barnes (No 3)*, the Federal Circuit and Family Court of Australia considered an application for the return of a child pursuant to the Hague Convention on the Civil Aspects of International Child Abduction. The application was brought by the State Central Authority on behalf of the child's mother, against the child's father. The central dispute concerned the child's habitual residence at the time of the alleged abduction.

The court was required to determine whether the child was habitually resident in Australia or Canada at the time of the application. This involved an assessment of the parents' intentions and actions regarding their residence in Canada, particularly in light of the birth of the child and the subsequent breakdown of the parental relationship. The court also considered the provisions of the *Family Law Act 1975* (Cth) and the *Evidence Act 1995* (Cth) in its determination.

Cronin J found that the parents had moved to Canada prior to the child's birth with the intention of the father completing his qualifications, with a clear plan to return to Australia. However, following the child's birth and the breakdown of the relationship, the intention to return to Australia was altered. The court concluded that the child had not acquired habitual residence in Australia at the relevant time, and therefore the application for the child's return under the Hague Convention could not be granted.

Consequently, the court ordered that the application filed by the State Central Authority be dismissed.