DEPARTMENT OF COMMUNITIES (CHILD SAFETY SERVICES) & RALEIGH

The Department of Communities (Child Safety Services) applied to the Family Court of Australia for the return of a child to New Zealand under the Hague Convention. The mother, Ms Raleigh, resisted the application, arguing that the father had acquiesced to her retaining the child in Australia and that the child would be exposed to a grave risk of physical or psychological harm if returned. The father had a criminal history, but there was no evidence he had harmed the child.

The court was required to determine two primary issues: first, whether the father had acquiesced to the mother retaining the child in Australia, and second, whether the child would be exposed to a grave risk of physical or psychological harm if ordered to return to New Zealand.

In its reasoning, the court found that the mother had failed to adequately specify the evidence supporting her claim of the father's acquiescence. Regarding the risk of harm, while acknowledging the father's criminal history, the court noted the absence of any evidence that the father had harmed the child. Consequently, the court concluded that neither of the mother's grounds for resisting the return application were established.

The court ordered that the child be returned to New Zealand within twenty-eight days, with the mother responsible for booking and paying for the necessary travel expenses. The order also included provisions for the release of passports, the involvement of law enforcement agencies, and an injunction restraining the mother from changing the child's usual day-to-day residence pending departure.