Department of Communities (Child Safety Services) and Menzies

This matter concerned an application by the Department of Communities (Child Safety Services) against Ms Menzies regarding the welfare and return of two children, J and M, to New Zealand. The proceedings were before Forrest J of the Family Court of Australia.

The central legal issue before the Court was whether the children, J and M, should be returned to New Zealand. This involved determining the appropriate orders to facilitate their return, including provisions for their travel, the restraint of Ms Menzies from removing them from Australia, and the involvement of law enforcement and government agencies.

Forrest J reasoned that the children should be returned to New Zealand, discharging previous orders and issuing comprehensive directions to effectuate this outcome. The Court ordered that the children depart Australia by a specified date and arrive in New Zealand shortly thereafter. Injunctions were granted to restrain Ms Menzies from removing the children from Australia or changing their residence pending their return. The Australian Federal Police were directed to place the children and Ms Menzies on an alert system, with provisions for their removal upon confirmation of travel arrangements. The Court also empowered the Marshall of the Family Court and law enforcement agencies to take necessary steps to enforce the orders, and authorised the release of passports to facilitate the children's return. Furthermore, the Court ordered that a family consultant explain the orders to the children and restrained Ms Menzies from informing them of the decision prior to this explanation. The applicant was granted liberty to apply for further orders to ensure the children's return, consistent with Australia's obligations under the Family Law (Child Abduction Convention) Regulations 1986. The applicant was also directed to contact the New Zealand Department of Child, Youth and Family to draw their attention to the evidence and provide a copy of the Court's reasons, requesting assistance for the mother in parenting the children upon their return. Finally, Ms Menzies was ordered to pay all necessary expenses for the children's return to New Zealand, with provisions for the mother to cover these costs if Ms Menzies failed to do so, and to reimburse the mother within two business days of a written demand. All other applications were dismissed.