Department of Communities, Child Safety and Disability Services and Tukino

The parties to this proceeding were the Department of Communities, Child Safety and Disability Services, acting as the Central Authority, and Ms Tukino. The Department sought final orders under the Family Law (Child Abduction Convention) Regulations 1986 for the return of two children, B and C, to New Zealand. Ms Tukino appeared in person and consented to the children's return. The matter was heard in the Family Court of Australia by Kent J.

The primary legal issue before the court was whether the elements required for the making of a return order under the Family Law (Child Abduction Convention) Regulations 1986 were established. This involved determining if the children had been wrongfully removed or retained from New Zealand, which was their habitual residence, and if the conditions for their return were met.

Kent J was satisfied, based on the uncontested material before the court, that the applicant had established all necessary matters under the Regulations for a return order. The court noted that the material included expert evidence regarding New Zealand law. Consequently, the court made orders in terms of those agreed by the parties.

The court ordered that the children be returned to New Zealand on or before 29 April 2013. Further orders were made to facilitate this return, including injunctions restraining the respondent mother from removing the children from Australia or changing their residence, and requiring the surrender of passports. The respondent mother was also ordered to pay the expenses associated with the children's return, with provision for reimbursement to the applicant if she failed to do so. All other applications were dismissed.