State Central Authority & Lore

The applicant, the State Central Authority, sought orders from the Federal Magistrates Court of Australia concerning the alleged wrongful retention of a child, M, by the respondent father. The dispute arose from the father's retention of M in Australia on or about 9 February 2007, which the applicant contended was wrongful under Article 3 of the Hague Convention on the Civil Aspects of International Child Abduction.

The central legal issue before the Court was whether it should request the New Zealand Central Authority to obtain an order from a competent court in New Zealand declaring the retention of M by the respondent father to be wrongful within the meaning of Article 3 of the Hague Convention. This determination was a prerequisite for further proceedings under the Family Law (Child Abduction Convention) Regulations 1986.

Bennett J ordered that pursuant to regulation 17(2) of the Family Law (Child Abduction Convention) Regulations 1986, the applicant State Central Authority was requested to arrange for the requesting Central Authority in New Zealand to obtain an order from a court of competent jurisdiction in New Zealand. This order was to declare that the retention by the respondent father of the child M in Australia on or about 9 February 2007 was wrongful in the meaning of Article 3 of the Hague Convention. The Court further adjourned the further hearing of the matter to a date to be fixed following the conclusion of these New Zealand proceedings, noting that both parties supported the continuation of liaison communications between Australia and New Zealand to expedite the results of the regulation 17(2) proceedings.