Department of Family and Community Services and Smollett (No 3)

This matter came before McClelland J of the Family Court of Australia concerning orders previously made on 24 April 2018 and 18 May 2018, which were further varied by the current orders. The dispute involved the Department of Family and Community Services and a party identified as Smollett (No 3), with the central focus on the welfare and location of a child, B, born in 2016.

The court was required to determine the precise timing for the commencement of a prior order and to establish conditions under which that order would not take effect. Specifically, the court considered whether a specific order should be delayed and what circumstances, including compliance with previous orders or the making of new parenting orders by a New Zealand court, would prevent its commencement.

McClelland J varied the existing orders to specify that order 2 would take effect on 21 November 2018. However, this commencement was made conditional. Order 2 would not come into effect if either the mother complied with orders made on 21 December 2017 by 28 November 2018, or if parenting orders were made by a New Zealand court permitting the child to live in Australia. In the event the child had not left Australia by 5:00 PM on 30 November 2018, the court ordered that a warrant issue authorising law enforcement officers to find and recover the child and deliver them to the father, Mr D. The warrant also authorised necessary and reasonable force for search and entry into vehicles, vessels, aircraft, or premises if the circumstances warranted. The court also encouraged the parties to seek assistance from organisations like International Social Services.