State Central Authority and Muteki (No 2)

In the matter of *State Central Authority and Muteki (No 2)*, Bennett J of the Family Court of Australia considered directions for a Hague Convention child abduction return application. The application concerned the return of a child, X, to New Zealand, with the State Central Authority acting as the applicant and the child's mother as the respondent.

The court was required to determine the procedural steps necessary for the final hearing of the child abduction application. This included setting a hearing date, establishing strict timelines for the filing and service of evidence by both parties, and addressing the potential for protective measures and the costs associated with the child's return. The court also considered the respondent mother's opposition to the child's return and her proposed conditions precedent to return, should an order for return be made.

Bennett J endorsed a modified four-step process, drawing from the United Kingdom Supreme Court's decision in *Re E (Children) (FC)*, for addressing child abduction cases under the Hague Convention within the Australian legal framework. The court emphasised the importance of precise pleadings and evidence, particularly regarding the grounds for opposing return and any proposed protective conditions. The judge also noted the parties' consent to direct judicial communication with the Hague Network Judge for New Zealand regarding protection orders and the requesting parent's refusal to participate in mediation, despite offering to fund return flights.

The court made specific orders for the final hearing to be fixed for 1 October 2018, with detailed requirements for the filing and service of evidence by both the respondent mother and the applicant State Central Authority. Further directions were given regarding the potential issuance of subpoenas for documents and the discussion of flight ticket costs. The child was to be released into the care of the respondent mother until further order.