Department of Children, Youth Justice and Multicultural Affairs & Golub

In the matter of *Department of Children, Youth Justice and Multicultural Affairs & Golub*, Bennett J of the Federal Circuit Court of Australia considered an application by the father, Mr Golub, to discharge a final return order made in respect of his two children to Serbia. The father had previously removed the children from Serbia to Australia, and the mother had initiated proceedings for their return under the Hague Convention. The father's initial opposition to the return order had been unsuccessful, leading to the final return order.

The primary legal issue before the court was whether exceptional circumstances, specifically the children's alleged threats of suicide if forced to return to Serbia, justified the discharge of the return order pursuant to Regulation 19A(2)(c) of the Family Law (Child Abduction Convention) Regulations 1986. The court also had to consider the practical mechanics of the children's return to Serbia, including the extent of any communication the children should have with the father prior to their departure and the delivery of their belongings.

Bennett J dismissed the father's application for discharge of the return order, finding that the children's threats of self-harm did not constitute exceptional circumstances warranting a postponement of their return. The court reasoned that such threats, while serious, were emblematic of the difficult situation children in such circumstances can face and that allowing counselling in Australia with a return order pending would exacerbate parental conflict to the detriment of the children. The court also made detailed orders regarding the implementation of the return, including placing the children in the care of the Director-General of the Department of Children, Youth Justice and Multicultural Affairs pending their departure, enjoining the father from attending Brisbane airport during a specified period, and outlining procedures for the delivery of the children's belongings and communication with the father.