Department of Child Safety, Youth and Women and Fulton

In the matter of *Department of Child Safety, Youth and Women and Fulton*, Hogan J of the Family Court of Australia considered an application concerning the return of two children, X and Y, to New Zealand. The Department of Child Safety, Youth and Women (the applicant) sought orders for the children's return, while Ms Fulton (the respondent) was the mother of the children.

The central legal issue before the court was whether the children, X and Y, should be returned to New Zealand. This involved determining the appropriate orders to facilitate their return and to ensure compliance with any international obligations. The court was also required to consider the role of the respondent, Ms Fulton, in relation to the children's departure and the involvement of law enforcement agencies.

Hogan J reasoned that the children should be returned to New Zealand and made final orders to give effect to this. These orders included discharging previous orders, mandating the children's departure from Australia by a specific date and arrival in New Zealand by the following day. Crucially, the court issued an injunction restraining Ms Fulton from removing the children from Australia or their current residence pending their return. The Commissioner of the Australian Federal Police was directed to retain the names of Ms Fulton and the children on the Family Law Watchlist, with provisions for their removal upon confirmation of travel arrangements. The court also empowered various law enforcement agencies to take necessary steps to enforce these orders and granted liberty to apply for further orders to facilitate the children's return, referencing the obligations under the Family Law (Child Abduction Convention) Regulations 1986 (Cth).