Department of Communities (Child Safety Services) and Ammaniz

The case of *Department of Communities (Child Safety Services) and Ammaniz* involved an application by the Department of Communities (Child Safety Services) concerning two children, N and K, and their mother, Ms Ammaniz. The dispute centred on the children's habitual residence and their return to the United Kingdom. The matter was heard by Forrest J in the Family Court of Australia.

The primary legal issue before the court was whether the children, N and K, who were born in the United Kingdom, should be returned to the United Kingdom. This question arose in the context of international child abduction and the application of the *Family Law (Child Abduction Convention) Regulations 1986*, which give effect to the Hague Convention on the Civil Aspects of International Child Abduction. The court was required to determine the children's habitual residence and whether their removal to Australia was wrongful under the Convention.

Forrest J reasoned that the children's habitual residence was the United Kingdom. The court applied the principles of the *Family Law (Child Abduction Convention) Regulations 1986*, finding that the removal of the children from the United Kingdom to Australia was wrongful. Consequently, the court ordered the return of the children to the United Kingdom, stipulating specific dates for their departure from and arrival in the United Kingdom. The orders also included injunctions restraining the mother from removing the children from Australia or changing their residence pending their return, and directed the Australian Federal Police and other authorities to facilitate the children's return. The mother was ordered to pay the expenses associated with the children's return, with provisions for reimbursement if she failed to do so.