Department of Communities, Child Safety and Disability Services and Sabeer

In the matter of *Department of Communities, Child Safety and Disability Services and Sabeer*, Hogan J of the Family Court of Australia considered an application concerning the return of a child to South Africa. The dispute involved the Department of Communities, Child Safety and Disability Services as the applicant and Ms Sabeer as the respondent, with the central issue being the welfare and location of a child born in 2005.

The court was required to determine the appropriate orders to ensure the child's return to South Africa, discharging all previous orders and issuing specific directions to facilitate this outcome. Key legal issues included the restraint of the respondent from removing the child from Australia or her current residence, the placement of their names on the Family Law Watchlist, and the empowerment of various authorities to enforce the court's directions. The court also considered the release of passports and the liberty to apply for further orders to ensure the child's return in accordance with Australia's obligations under the Family Law (Child Abduction Convention) Regulations 1986.

Hogan J ordered the discharge of all prior orders and directed that the child be returned to South Africa by 5 May 2017. To effectuate this, the respondent was restrained from removing the child from Australia or her Queensland residence. The names of both the respondent and the child were to be retained on the Family Law Watchlist, with provisions for their removal upon confirmation of travel arrangements. The Marshal of the Family Court, the Australian Federal Police, and State and Territory police forces were empowered to take necessary steps to enforce the order. Furthermore, a representative from the Department of Communities, Child Safety and Disability Services was authorised to release the child's passports for her return and the respondent's passport upon request. All other applications before the court were dismissed.