Order for return of child — grave risk to child — intolerable situation — mental health — welfare and best interest of a child — Care of Children Act 2004, ss 105, 106 & 108 — Hague Convention — Secretary for Justice v HJ [2006] NZSC 97, [2007] 2 NZLR 289, (2006) 27 FRNZ 213 — H v H (1995) 13 FRNZ 498 [HC) — Simpson v Hamilton [2019] NZCA 579, [2019] NZFLR 338 — Smith v Adam [2007] NZFLR 447 (CA) — A v Central Authority for New Zealand [1996] NZFLR 517 — LRR v COL [2020] NZCA 209 — Summer v Green [2022] NZCA 91 — Roberts v Cresswell [2022] NZHC 2337 — Cresswell v Roberts [2022] NZHC 1265 — Basingstoke v Groot [2007] NZLR 363 (CA) — Scott v Jenkins [2021] NZFC 3340 — Green v White [2018] NZFLR 938 — Deng v Zheng [2022] NZSC 76 — Ellis v R [2022] NZSC 114 — In Re S (A Child) (Abduction: Rights of Custody) [2012] UKSC 10, [2012] 2 AC 257 — A v A 919960 14 FRNZ 348 (CA). The applicant father applied to the Court for an order that his child be returned to him in Australia. The respondent mother had gone to New Zealand and was supposed to come back to Australia after two weeks, but then refused and kept the child in New Zealand. The mother's defence to the application was that there was a grave risk to the child due to the mothers' mental health, and being returned to Australia placed the child in an intolerable situation because of their financial situation. The Judge considered the evidence and decided the respondent did not meet the high threshold of the requirements for an intolerable situation. The Judge also found that being returned to Australia best suited the child's welfare and best interest in terms of her cultural identity, as she had a stronger connection there. The Judge ordered for the child to be returned to Australia. Judgment Date: 17 November 2022. * * * Note: names have been changed to comply with legal requirements. * * *