Department of Child Safety and McMahon

The Honourable Justice Jordan of the Family Court of Australia considered an application by the Department of Child Safety concerning a child born in April 1995. The dispute involved the child's return to New Zealand, with the Respondent mother, Ms. McMahon, being subject to various orders aimed at facilitating this return and preventing her from removing the child from Australia or changing their residence.

The court was required to determine the appropriate orders to ensure the child's return to New Zealand. This involved considering measures to prevent the child's removal from Australia, the surrender of passports, and the involvement of law enforcement agencies to give effect to the court's directions. The court also had to address the discharge of previous orders made by Carmody J and Bell J.

Justice Jordan ordered that the child be returned to New Zealand on or before 15 July 2008. To effect this, Ms. McMahon was restrained from removing the child from Australia or changing their residence. Passports belonging to both Ms. McMahon and the child were to be surrendered to the Registrar of the Family Court. The Australian Federal Police were directed to retain the names of Ms. McMahon and the child on the All Ports Watch Alert System, with provisions for their removal upon confirmation of travel arrangements. The court also mandated that Ms. McMahon bear the expenses associated with the child's return, with a mechanism for reimbursement if she failed to do so. Previous orders from Carmody J and Bell J were discharged, and all other applications were dismissed.