DEPARTMENT OF COMMUNITIES, CHILD SAFETY AND DISABILITY SERVICES & MOODY

In the matter of the Department of Communities, Child Safety and Disability Services and Moody, Kent J of the Family Court of Australia considered an application concerning two children, B and C, born in 2004 and 2005 respectively. The proceedings involved the Department of Communities, Child Safety and Disability Services as the applicant, and the respondent mother, Ms Moody, and the respondent maternal grandmother, Ms A. The core dispute revolved around the welfare and location of the children, with the ultimate aim of their return to New Zealand.

The court was required to determine the appropriate orders to facilitate the children's return to New Zealand, including the removal of the maternal grandmother as a party to the application, the timeframe for the children's departure from Australia, and the continuation of injunctions restraining the mother and grandmother from removing the children from Australia or changing their residence. Further issues included the retention of the parties' names on the All Ports Watch Alert System and the conditions under which they could be removed, as well as the role of various law enforcement agencies in giving effect to the court's orders.

By consent of the parties, Kent J ordered the removal of the maternal grandmother, Ms A, as a party. The court further ordered that the children, B and C, be returned to New Zealand on or before 20 March 2013. To ensure this outcome, injunctions were continued, restraining the mother and grandmother from removing the children from Australia or changing their current residence. The names of the mother, grandmother, and children were to be retained on the All Ports Watch Alert System, with provisions for their removal upon confirmation of travel arrangements to New Zealand. The court also empowered law enforcement agencies to take necessary steps to give effect to these orders and granted liberty to apply for further directions. All other applications before the court were dismissed.