State Central Authority and Jazeer (No 2)

The proceedings before Bennett J in the Family Court of Australia concerned an application by the State Central Authority and Jazeer, relating to parenting proceedings in New Zealand. The dispute involved the mother's ability to participate in those proceedings, with a specific focus on her mental health.

The court was required to determine whether the mother's mental health precluded or compromised her ability to prosecute or participate in the parenting proceedings in New Zealand, in the context of Regulation 16(3)(b) of the relevant Regulations. The court also considered the timing of the mother's compliance with previous orders and the filing of expert evidence.

Bennett J ordered an adjournment of the proceedings for mention on 17 April 2015. The time for the mother to comply with a previous order was extended to 13 April 2015. Crucially, the court ordered that if the mother intended to rely on her mental health as a reason for being unable to participate in the New Zealand proceedings, she was to file and serve any expert evidence supporting this contention by 13 April 2015. By consent, it was further ordered that the mother file and serve documentation in the New Zealand proceedings contemporaneously with filing documents in the Australian court, noting this was a condition for the extension of time granted. The judge also ordered that reasons for the decision be transcribed and made available to the parties and sent to a judge in New Zealand.