State Central Authority and Spring-Ernst (No 3)

In the matter of *State Central Authority and Spring-Ernst (No 3)*, Bennett J of the Family Court of Australia considered an application concerning two children, J and F. The dispute involved the potential return of the children to the United States of America to live with their mother, with a resumption of existing week-about parenting arrangements. The court was tasked with assessing the mental health risks to the children associated with this return and determining how any such risks could be managed or deemed tolerable in the interim period before a United States court could address the matter.

The court was required to determine the specific nature of a psychiatric assessment to be conducted on the children. This assessment was to focus on the mental health risks, if any, posed by their return to the United States under the care of their mother and the continuation of current parenting arrangements. Furthermore, the court needed to ascertain how any identified risks could be ameliorated or considered tolerable for the children in the short term, pending a determination by a competent United States court. The assessment was also to detail any recommended mental health care for the children.

Bennett J ordered that the parties and the father of the children were to cooperate fully to enable the children to be assessed by a psychiatrist nominated by the independent children’s lawyer. The assessment was to address the specified mental health risks and potential amelioration strategies. The mother and father were to share equally the costs of this assessment not covered by any grants of assistance. The independent children’s lawyer was to arrange the appointments and ensure financial contributions were made in trust prior to the assessment. The court also ordered that a transcript of the evidence given by a family consultant, Ms E, be provided to the psychiatrist, along with her report. By consent, the mother was to provide all necessary documentation and cooperation, at the father's expense, to support the father's application for visas for the children to travel to the United States. The father's lawyer indicated that the father would personally apply for these visas in Melbourne.