Department of Communities and Justice and Kingsley (No. 2)

In the matter of *Department of Communities and Justice and Kingsley (No. 2)*, Rees J of the Federal Circuit Court of Australia considered an application by Ms Kingsley to discharge a child return order previously made under the *Family Law (Child Abduction Convention) Regulations 1986* (Cth). The respondent was the Department of Communities and Justice.

The central legal issues before the Court were whether Ms Kingsley's failure or refusal to fund the child's return to Canada, or the COVID-19 pandemic, constituted exceptional circumstances that would justify discharging the existing return order. The Court was also required to consider whether Ms Kingsley was unable to travel to Canada.

Rees J reasoned that Ms Kingsley's financial inability or unwillingness to fund the child's return did not, in itself, amount to an exceptional circumstance as contemplated by the Regulations. Similarly, the Court found that the COVID-19 pandemic, while a significant global event, did not, on its own, constitute an exceptional circumstance that would warrant setting aside the return order. The Court also determined that Ms Kingsley had not demonstrated an inability to travel to Canada.

Consequently, the Court dismissed Ms Kingsley's application to discharge the orders made on 11 November 2020.