STATE CENTRAL AUTHORITY & BALLARD

The case of *State Central Authority & Ballard* [2017] FamCA 1001 concerned an application by the State Central Authority (the applicant) for an order that a child be returned to the United States of America, pursuant to the *Hague Convention on the Civil Aspects of International Child Abduction* (the Convention). The respondent, Ballard, was the child's mother and opposed the application, arguing that the child had not been wrongfully removed or retained from the United States.

Bennett J was required to determine whether the child had been habitually resident in the United States immediately before the alleged wrongful removal or retention, and whether the removal or retention was in breach of the applicant's rights of custody under the law of the United States. The court also considered whether the exception under Article 13(1)(b) of the Convention applied, which would permit the court to refuse to order the return of the child if it was established that the return of the child would expose the child to a grave risk of physical or psychological harm or otherwise place the child in an intolerable situation.

In her reasoning, Bennett J found that the child had been habitually resident in the United States. Her Honour concluded that the removal of the child to Australia was wrongful and in breach of the applicant's rights of custody. Furthermore, Bennett J determined that the exceptions under Article 13(1)(b) of the Convention were not established on the evidence before the court.

Consequently, Bennett J ordered the child's return to the United States of America.