Department of Family and Community Services and Reiner

The Director-General of the Department of Family and Community Services (DOCS) applied to the Family Court of Australia for the return of two children, M and N, to the United Kingdom. The mother, Ms Reiner, opposed the application, arguing that her immigration status prevented her return to the UK with the children and that their return would pose a grave risk of harm or place them in an intolerable situation, particularly in the care of their father.

The court was required to determine whether the circumstances warranted an order for the children's return to the United Kingdom under the Family Law (Child Abduction Convention) Regulations 1986. Specifically, the court had to consider the exceptions to return orders, namely whether there was a grave risk of harm to the children or if their return would place them in an intolerable situation, and the mother's assertion regarding her uncertain ability to return to the requesting country.

In its reasoning, the court considered the evidence presented by both parties, including affidavits and oral testimony. The court found the father's evidence to be straightforward and consistent, while expressing reservations about certain aspects of the mother's evidence, particularly concerning her claims about the father's insistence on certain statements and an alleged ultimatum from Children's Social Care. The court was unable to conclude that the mother's evidence regarding family violence was more inherently likely than the father's, especially in light of the observations made by Children's Social Care. The court ultimately ordered the children's return to the United Kingdom with their mother, with alternative provisions for their return with their father should the mother be unable or unwilling to return. The orders also addressed interim arrangements for parental responsibility, living arrangements, contact, and financial support pending further orders from a court exercising relevant jurisdiction in the United Kingdom.