Department of Family and Community Services and Dalvi

The Family Court of Australia, in the matter of *Department of Family and Community Services & Dalvi*, considered an application brought by the Central Authority concerning a child, M, born in the United States. The application was made pursuant to the regulations supporting the Hague Convention on the Civil Aspects of International Child Abduction. The applicant sought ex parte orders, supported by an affidavit from the child's father, Mr Dalvi, who was the requesting parent.

The central legal issue before the Court was whether to grant ex parte injunctions to restrain the respondent mother, Ms Dalvi, from removing the child from Australia and to secure the child's presence within the Commonwealth pending the disposition of abduction proceedings. The Court was required to determine if there was substantial evidence to support the assertion that the child had been wrongfully retained in Australia, thereby engaging the Abduction Convention.

Justice Ryan's reasoning focused on the evidence presented, which suggested that the child was habitually resident in the United States prior to his arrival in Australia. The evidence indicated that the mother brought the child to Australia for a vacation with the father's consent and that they were expected to return by a specific date. However, the mother subsequently communicated her intention not to return to the United States, leading to a strong argument that the child had been wrongfully retained in Australia from either April 17, 2012, or around April 30, 2012. Given the potential for the mother to react unpredictably upon learning of the abduction proceedings, the Court found it to be in the child's best interests to secure his presence in Australia through the requested ex parte orders.

The Court made orders restraining the respondent mother from removing the child from Australia, restraining the mother from leaving Australia, placing the names of the mother and child on the Watch List at all points of arrival and departure, and requiring the surrender of passports and air tickets. The orders were to be served on the mother and the Australian Federal Police, with the application to be heard on a later date.