Department of Communities, Child Safety and Disability Services and Pinaroa

The parties to this matter were the Department of Communities, Child Safety and Disability Services (the Applicant) and Mr Pinaroa (the Respondent father), concerning a child, B, born in 2009. The dispute involved the return of the child to New Zealand. The decision was made by Hogan J of the Family Court of Australia.

The court was required to determine the orders necessary to facilitate the child's return to New Zealand, including the timing of her departure and arrival, and to ensure her safety and welfare pending that return. This involved considering the respondent father's role in the child's removal from Australia and the powers of various law enforcement agencies to enforce the court's orders.

Hogan J ordered the discharge of all previous orders and directed that the child B be returned to New Zealand by 15 July 2017. To effect this, the respondent father was restrained from removing the child from Australia or from his residence. The Australian Federal Police were directed to retain the names of the respondent father and the child on the Family Law Watchlist, with provisions for their removal upon confirmation of travel arrangements or the child's presentation with a confirmed ticket. The respondent father was ordered to deliver the child to an international airport with appropriate luggage and clothing. The Marshal of the Family Court, federal agents, and state police were empowered to take all necessary steps to give effect to these orders. In the event the child had not left Australia by the specified date, a warrant was to be issued authorising law enforcement to find and recover the child and deliver her to an officer of the Department of Communities, Child Safety and Disability Services, pending her return to New Zealand. All other applications were dismissed.