Department of Family and Community Services and Cousins

The matter before Watts J concerned an application by the Department of Family and Community Services (the applicant) regarding the return of two children, B and C, to New Zealand. The application involved the mother and Mr Cousins, the father, as parties. The dispute centred on the arrangements for the children's return to New Zealand and the conditions attached to that return.

The court was required to determine the terms and conditions under which the children would be returned to New Zealand in the mother's custody. This included specifying the father's obligations regarding travel costs, accommodation, and the provision of information to satisfy the applicant of his ability to comply with these obligations. The court also needed to consider the arrangements for the children's passports and travel documents upon their return to New Zealand, and to impose restrictions on the mother regarding the removal of the children from New Zealand.

Watts J ordered that the mother was to facilitate the return of the children to New Zealand in her custody, subject to specific conditions. These conditions included the father providing information demonstrating his ability to meet the costs of the children's travel back to New Zealand and the mother's reasonable accommodation, with the proviso that the father could not dictate the mother's place of residence. To enable this, previous orders made on 26 May 2016 were discharged, and the applicant was permitted to uplift the passports of the mother and children. Upon their return to New Zealand, the children's passports were to be lodged with lawyers nominated by the father, and the mother was restrained from removing the children from New Zealand without the consent of both parents or a court order. Liberty was granted to restore the matter on 72 hours' notice.