VAZIRI & MADDISON

The parties to this proceeding were the mother and the father, who disputed the location of their children, S and T. The matter came before Hannam J in the Federal Circuit and Family Court of Australia. The core of the dispute concerned the children's habitual residence and the appropriate jurisdiction for family law proceedings concerning them.

The primary legal issue before the court was whether the children, who were born in Australia but had been residing in New Zealand with their mother, should be returned to New Zealand. This involved an assessment of the children's best interests and the application of relevant provisions of the *Family Law Act 1975*, specifically section 67ZC, which deals with the return of children to a contracting state under the Hague Convention. The court also considered the father's application for interim orders.

Hannam J ordered that the children be returned to New Zealand pursuant to section 67ZC of the *Family Law Act 1975*. This decision was made in light of the mother's intention to commence family law proceedings in New Zealand within 28 days of the court's orders. To facilitate the return, the court ordered the removal of the children's names from the Airport Watchlist. The mother was required to provide an undertaking to cooperate with proceedings, including returning to Australia for a family report if ordered, and the father undertook to cover the costs of the mother and children's return to Australia for such a report. The father's application for interim orders was dismissed.