Department of Child Safety and Merrell

The case of *Department of Child Safety v Merrell* involved an application by the Department of Child Safety concerning two children, C and T, and the Respondent Mother, Ms Merrell. The dispute centred on orders made by the Court on 10 December 2008, which were subsequently modified by the orders made by Jordan J. The specific nature of the dispute leading to these orders is not detailed, but the outcome indicates a significant shift in the Court's disposition regarding the children.

The primary legal issues before the Court were whether to dismiss the Department of Child Safety's Form 2 Application as it related to the child C, and to discharge existing orders concerning C. Furthermore, the Court was required to determine the appropriate orders for the child T, including his return to New Zealand, and to establish measures to ensure his safe departure and pending return, such as injunctions against the Respondent Mother and the surrender of passports.

Jordan J reasoned that the application concerning child C should be dismissed and the prior orders relating to her discharged. For child T, the Court ordered his return to New Zealand by 9 April 2009. To facilitate this, the Respondent Mother was restrained from removing T from Australia or changing his residence, and she was required to surrender her passport and T's passport. The child T was to live with a person nominated by the Department of Child Safety pending his return, and his name, along with his mother's, was to be placed on the All Ports Watch Alert System. The Court also empowered law enforcement and court officers to take necessary steps to give effect to these orders, with provisions for the release of passports upon confirmation of travel arrangements.