Department of Child Safety, Youth and Women and Zakaria

The matter before Hogan J concerned an application by the Department of Child Safety, Youth and Women regarding two children, X and Y, and their mother, Ms Zakaria. The dispute centred on the children's return to New Zealand.

The court was required to determine whether to discharge previous orders and, crucially, to order the return of the children X and Y to New Zealand. This involved considering the necessary steps to give effect to such an order, including the timing of their departure and arrival, and the imposition of injunctions to prevent their removal from Australia or their current residence. The court also had to consider the role of the Australian Federal Police and the Family Law Watchlist, as well as the release of passports.

Hogan J ordered the discharge of all previous orders and directed that the children X and Y be returned to New Zealand. To facilitate this, the court ordered that the children depart Australia by 21 September 2018 and arrive in New Zealand by 22 September 2018. Ms Zakaria was restrained from removing the children from Australia or their current residence pending their return. The court further ordered that the names of Ms Zakaria and the children remain on the Family Law Watchlist at all international departure points, with provisions for their removal upon confirmation of travel arrangements. The Marshal of the Family Court, the Australian Federal Police, and State and Territory police forces were empowered to take all necessary steps to give effect to these orders. All other applications were dismissed.