Department of Communities, Child Safety and Disability Services and Marama-Irvine

The Family Court of Australia heard an application by the Department of Communities, Child Safety and Disability Services, acting as the Central Authority, for a return order concerning a child, B, born in October 2010. The application was made under the Family Law (Child Abduction Convention) Regulations 1986 (Cth). The respondent mother, Ms Marama-Irvine, appeared in person and consented to the child's return to New Zealand.

The primary legal issue before the court was whether the elements required for the making of a return order under the Regulations were established. The court was required to be satisfied that the conditions for such an order were met, particularly in light of the respondent mother's consent to the child's return.

Justice Kent found that, given the respondent mother's consent and her not contesting the material filed in support of the application, the applicant had established all the necessary elements for a return order. Consequently, the court made orders in terms of those agreed upon by the parties, which included the child's return to New Zealand on or before 15 April 2013, and various injunctions and directions to facilitate this return, including passport surrender and placement on an alert system. The respondent mother was also ordered to bear the expenses associated with the child's return.