Department of Family and Community Services and Smollett

This matter concerned an application by the Department of Family and Community Services (the Applicant) to vary existing orders made on 21 December 2017 concerning the child B, born in 2016. The Respondent was the child's mother, Ms Smollett. The dispute centred on the arrangements for the child's return to New Zealand.

The court was required to determine whether to vary the existing orders to facilitate the child's return to New Zealand with her father, Mr D. Specifically, the court needed to consider the terms of the variation, including the responsibilities of the mother and father, the release of the child's passport, the cost of travel, and the potential for recovery orders if the mother did not comply. The court also considered a condition under which the varied orders would not take effect.

McClelland J varied the orders made on 21 December 2017. The varied orders stipulated that the Applicant and the father were to make arrangements for the child's return to New Zealand with the father as soon as practicable. The mother was ordered to cooperate and make the child available, and to forthwith release the child's passport to the Applicant, who would then release it to the father. The father was to meet the cost of the child's airfare. The Applicant was granted leave to seek a recovery order if the mother failed to comply. However, the court also ordered that if the mother complied with the original orders by 23 May 2018, the varied orders would not take effect. The court further noted that if the mother filed specific applications by 4 May 2018, those applications would be heard on 18 May 2018.