Department of Communities and Justice & Ruiz

The case of *Department of Communities and Justice & Ruiz* involved an application for the return of a child to Ireland under the Hague Convention. The applicant, the Department of Communities and Justice, sought the return of the child, X, to Ireland, while the respondent mother, Ms Ruiz, opposed the return. The matter was heard by Williams J in the Family Court of Australia.

The central legal issues before the court were whether the return of the child to Ireland would expose her to a grave risk of physical or psychological harm, or otherwise place her in an intolerable situation, thereby engaging regulatory exceptions to the return order under the *Family Law (Child Abduction Convention) Regulations 1986* (Cth). The court was also required to consider whether a return order would offend fundamental Australian principles relating to the protection of human rights and fundamental freedoms.

Williams J reasoned that the factors asserted by the mother as constituting a grave risk did not, individually or collectively, meet the threshold required by the Convention. The court distinguished the present case from *Walpole*, where compelling evidence of serious physical violence and concerns about the requesting parent's criminal conduct justified a refusal of return. In this instance, the court found no exceptional circumstances and concluded that the delay in the child's arrival in Australia did not pose a grave risk. The court also noted the presumption that contracting states, such as Ireland, are equipped to make suitable arrangements for a child's welfare upon return.

Consequently, Williams J made an order for the return of the child to Ireland, subject to a comprehensive set of conditions designed to ensure the safety and well-being of both the child and the mother. These conditions included the father arranging and funding flights, withdrawing complaints made to Irish authorities, providing medical records, consenting to interim protection orders if sought by the mother, vacating the family home and changing locks, and returning passports. The court also granted the mother liberty to provide the father's Australian criminal history and medical records to Irish courts if she applied for protection or parenting orders.