DEPARTMENT OF COMMUNITIES, CHILD SAFETY AND DISABILITY SERVICES & WELLS

This matter came before Hogan J concerning an application by the Department of Communities, Child Safety and Disability Services and an individual named Wells. The dispute involved the welfare and location of a child, B, born in 2009, and the actions of the Respondent Mother, Ms Wells. The proceedings concluded with orders made by consent.

The court was required to determine the appropriate orders concerning the child B's return to New Zealand and to address the mother's ability to travel with or remove the child from Australia. This included considerations of passport surrender, travel timelines, and the implementation of measures to ensure the child's safe return and prevent further abduction.

The court's decision was based on consent between the parties, reflecting an agreement on the necessary steps to facilitate the child's return to New Zealand. Hogan J issued a series of orders by consent, including the surrender of passports belonging to both the mother and the child, and mandating the child's return to New Zealand by a specified date. Injunctions were granted to restrain the mother from removing the child from Australia or changing her usual place of residence pending her return. Further orders involved placing the mother and child on the Family Law Watchlist, with provisions for their removal upon confirmation of travel arrangements. The court also empowered various law enforcement and departmental officers to take necessary steps to give effect to these orders, and granted liberty to apply for further directions. All other applications were dismissed, and each party was ordered to bear their own costs.