Department of Communities, Child Safety and Disability Services and Berman

The case of *Department of Communities, Child Safety and Disability Services and Berman* involved an application before Hogan J of the Family Court of Australia concerning the return of three children to New Zealand. The applicant, the Department of Communities, Child Safety and Disability Services, sought orders for the children's return, while the respondent, Ms Berman, was their mother. The core of the dispute revolved around the alleged wrongful removal of the children from New Zealand to Australia.

The legal issues before the court included whether the children had been wrongfully removed from New Zealand, and if so, whether they should be returned to New Zealand pursuant to the *Family Law (Child Abduction Convention) Regulations 1986* (Cth), which give effect to the Hague Convention on the Civil Aspects of International Child Abduction. The court was required to determine if the conditions for ordering the return of the children under the Convention were met, considering factors such as the habitual residence of the children and the timing of the application.

Hogan J reasoned that the evidence established that the children were habitually resident in New Zealand and had been wrongfully removed to Australia. Applying the principles of the Hague Convention, the court found no exceptions that would preclude the children's return. Consequently, the court ordered the return of the children to New Zealand, stipulating specific dates for their departure and arrival. The orders also included injunctions restraining the respondent mother from removing the children from Australia or changing their residence pending their return, and directed the Australian Federal Police and other authorities to facilitate the return. The respondent mother was also ordered to pay the expenses associated with the children's return.