Department of Child Safety, Youth and Women and Fogarty

In the Family Court of Australia, Hogan J made final orders concerning a child, X, born in 2018, and Ms Fogarty, the respondent. The dispute involved the return of the child to New Zealand, with the Department of Child Safety, Youth and Women appearing as the applicant.

The court was required to determine the appropriate orders to ensure the child's return to New Zealand, including the discharge of previous orders, the timeline for departure and arrival, and measures to prevent the child's removal from Australia or a specific residence pending return. The court also considered the role of the Australian Federal Police in placing and removing individuals from the Family Law Watchlist and the release of passports.

Hogan J ordered the discharge of all previous orders and directed that the child, X, be returned to New Zealand on or before 12 April 2019, with arrival in New Zealand by 13 April 2019. To facilitate this, Ms Fogarty was restrained from removing the child from Australia or their current residence. The Australian Federal Police were directed to retain the names of Ms Fogarty and the child on the Family Law Watchlist, with provisions for their removal upon confirmation of travel arrangements. The court also empowered law enforcement agencies to take necessary steps to give effect to the orders and granted liberty to apply for further orders to facilitate the child's return, referencing the applicant's obligations under Regulation 20 of the Family Law (Child Abduction Convention) Regulations 1986 (Cth). All other applications before the court were dismissed.