Department of Child Safety and Downs-Hopman

The case involved the Department of Child Safety (the applicant) and Mr Downs-Hopman (the respondent father) concerning a child born in September 1997. The dispute centred on the child's return to New Zealand. The matter was heard by Jordan J in the Family Court of Australia.

The court was required to determine whether the child should be returned to New Zealand and to make consequential orders to facilitate this return. This included considering the restraint of the respondent father from removing the child from Australia or changing the child's residence, and the role of law enforcement agencies in ensuring compliance with the orders. The court also had to address the discharge of previous orders made by Justice Rose and the dismissal of other applications.

Jordan J ordered that the child be returned to New Zealand on or before 8 August 2009. To give effect to this, the respondent father was restrained from removing the child from Australia or changing the child's residence. The Australian Federal Police were directed to place the father and child on an All Ports Watch Alert System, with provisions for their removal upon confirmation of travel arrangements for the child's return. The Marshal of the Family Court and various police forces were empowered to take necessary steps to enforce the orders. Furthermore, the Department of Communities (Child Safety Services) was authorised to release the child's passports for the purpose of the return, and the father's passport was to be released to him or his nominee. Liberty to apply was granted to the applicant for further orders, and previous orders made by Justice Rose were discharged, with all other applications dismissed.