State Central Authority, Secretary, Department of Human Services and Murphy

In the matter of *State Central Authority, Secretary, Department of Human Services and Murphy*, heard by Thornton J of the Family Court of Australia, the dispute concerned the return of a child, B, born in 2011, to New Zealand. The State Central Authority, Secretary, Department of Human Services, sought the child's return, while the Respondent, who was pregnant, did not oppose the making of the order. The Respondent asserted that she believed the father had consented to the child's removal from New Zealand to Australia on 1 July 2013.

The court was required to determine the terms of the child's return to New Zealand, taking into account the Respondent's pregnancy and impending birth. Specifically, the court needed to establish a timeframe for the return, the conditions under which the Respondent would accompany the child, and the responsibilities of each party in facilitating the return, including travel arrangements and notification requirements.

Thornton J ordered that the child, B, be returned to New Zealand 30 days after the Respondent gives birth to her expected child, with the Respondent to accompany B. Provisions were made for the Respondent's potential inability to travel immediately after birth due to medical reasons, requiring a medical certificate and a subsequent return within 30 days of hospitalisation or upon medical advice. The Respondent was also ordered to inform the father of the birth within 24 hours and to be responsible for the purchase of travel tickets, providing the Applicant with a copy of the itinerary at least seven days prior to departure. The court also made consequential orders regarding the discharge of previous orders, the collection of the child's passport, and the removal of the child's name from the Airport Watch List. Liberty was reserved for parties to apply urgently regarding the implementation of these orders, and all other extant applications were dismissed.