STATE CENTRAL AUTHORITY & MOK

The parties to this proceeding were the State Central Authority and the father, identified as the respondent, in relation to the custody of two children, A and Y. The dispute concerned the return of the children to the United States of America. The matter was heard by Stevenson J in the Federal Court of Australia.

The court was required to determine whether to make orders for the return of the children to the USA, and to consider undertakings provided by the father regarding the children's custody and living arrangements. The court also had to consider the implications of existing orders made by a US Court concerning the children's custody.

Stevenson J made orders for the return of the children to the USA within 21 days, requiring the respondent father to provide travel documentation to the applicant. The court also varied previous orders to permit the children and the mother to leave Australia for the purpose of giving effect to these new orders. These orders were made on the basis of written undertakings given by the father to the court. These undertakings included not seeking to enforce existing US custody orders, allowing the children to live with the mother except during agreed contact periods, and making the former matrimonial home and a family motor vehicle available for the exclusive use of the mother and children upon their return to the US.