State Central Authority and Trembath

The State Central Authority (SCA) applied to the Family Court of Australia on behalf of the mother, Ms Trembath, for the return of her two children to Canada. The father, Mr Trembath, was the respondent. The SCA contended that the children had been wrongfully removed from Canada by the father, and that they were habitually resident in Canada at the time of their removal. The father argued that the children were habitually resident in Australia, or alternatively, had no habitual residence at the time of their removal from Canada.

The central legal issue before the Court was to determine the habitual residence of the children immediately prior to their removal from Canada. This determination was crucial for establishing whether the removal was wrongful under the Hague Convention and the relevant Australian regulations. The Court was required to consider the meaning of "habitually resident" in the context of international child abduction proceedings, applying the principles outlined in the Convention and the Family Law Act 1975 (Cth) and its associated regulations.

The Court considered the history of the parties' relationship, their movements between Australia and Canada, and the circumstances surrounding their relocation to Canada in June 2013. It noted that the children had lived in Australia for most of their lives, holding dual citizenship, and that the family had made significant arrangements for a prolonged stay in Canada, including enrolling the children in school, obtaining employment for the mother, and making improvements to a property. However, the Court also noted the father's temporary return to Australia in September 2013 for a sporting event, and his subsequent purchase of flights for himself and the children and their removal from Canada on 20 October 2013, without the mother's consent. Despite these events, the Court found that the children's habitual residence was Australia at the time of their removal from Canada, and therefore the application for their return to Canada was dismissed.