Department of Communities (Child Safety Services) and Kentwell

In the matter of *Department of Communities (Child Safety Services) and Kentwell*, Barry J of the Family Court of Australia considered an application concerning the return of two children, A and M, to New Zealand. The Department of Communities, acting as the applicant, sought orders for the children's return, while the respondent mother, Ms Kentwell, was subject to injunctions restraining her from removing the children from Australia or changing their residence.

The central legal issue before the court was whether the children, A and M, should be returned to New Zealand. This involved determining the application of relevant international conventions and Australian law concerning the wrongful removal or retention of children across international borders. The court was required to assess the circumstances of the children's presence in Australia and the legal framework governing their return to their habitual residence.

Barry J reasoned that the children's habitual residence was New Zealand and that their removal to Australia constituted a wrongful removal under the Hague Convention. The court applied the principles of the Convention, which prioritises the return of children to their habitual residence unless certain exceptions apply. In this instance, no exceptions were found to prevent the children's return. Consequently, the court ordered the children's return to New Zealand by a specified date, issuing various injunctions and directions to facilitate this outcome, including restraining the mother from removing the children from Australia and requiring her to meet the associated expenses. All other applications were dismissed.