Department of Child Safety, Youth and Women and Rattana

The case involved the Department of Child Safety, Youth and Women as the applicant and Ms Rattana as the respondent, concerning the welfare and location of two children, X and Y. The dispute centred on orders sought by the Department regarding the return of these children, with the court being the Federal Circuit and Family Court of Australia.

The court was required to determine whether to dismiss an application seeking the return of child X to New Zealand and whether to order the return of child Y to New Zealand. Further, the court had to consider what ancillary orders were necessary to give effect to its decisions, including injunctions and the involvement of law enforcement agencies.

Hogan J discharged all previous orders and dismissed the application for the return of child X to New Zealand. However, the court ordered the return of child Y to New Zealand, setting specific dates for his departure from Australia and arrival in New Zealand. To facilitate this, an injunction was issued restraining Ms Rattana from removing child Y from Australia or their current residence, and their names were placed on the Family Law Watchlist. The court also made provisions for the release of passports and empowered law enforcement to give effect to the orders, with liberty to apply for further necessary orders.