Commissioner of Police South Australia (State Central Authority) and Daru

The Commissioner of Police South Australia, acting as the State Central Authority, sought orders for the return of a child, Y Daru, to New Zealand from Australia. The child's mother, Ms Daru, retained the child in Australia. The proceedings were brought under the Family Law (Child Abduction Convention) Regulations 1986 (Cth), which give effect to the Hague Convention of 22 October 1980 on the Civil Aspects of International Child Abduction. The Family Court of Australia heard the matter.

The primary legal issues before the court were whether the child was habitually resident in New Zealand, whether the child had been wrongfully retained in Australia in breach of custody rights, and whether any exceptions to a return order under the Hague Convention were established. Specifically, the court considered whether the father had consented to or acquiesced in the child remaining in Australia, and whether the child would be exposed to a grave risk of harm or an otherwise unacceptable situation if returned.

The court found that the child was habitually resident in New Zealand and had been wrongfully retained in Australia. The mother failed to establish any of the exceptions to a return order. While there were disputes regarding the extent of the father's care and the circumstances surrounding the child's departure from New Zealand, the court determined that the mother had effectively relinquished her parenting role to the father while she resided in Australia. The court also noted that the mother's linguistic difficulties were addressed, and she confirmed her understanding and adoption of the affidavit material and the family consultant's report.

The court ordered the child's return to New Zealand in the company of his father. Further orders were made concerning the surrender of the child's passport, the timing of the child's departure, and the prevention of the child's removal from Australia pending his return. The Australian Federal Police were directed to place the child on the all ports watch alert system.