Department of Family and Community Services and Wellington

The applicant, the Department of Family and Community Services, sought orders for the return of two children, B and C, to the United Kingdom. The respondent, Ms Wellington, was the mother of the children. The proceedings were heard by Rees J.

The central legal issue before the court was whether the children, B and C, should be returned to the United Kingdom pursuant to the *Hague Convention on the Civil Aspects of International Child Abduction*. This required the court to determine if the children had been wrongfully removed or retained within the meaning of the Convention.

Rees J found that the children had been wrongfully removed from the United Kingdom, which was their habitual residence. The court applied the principles of the Hague Convention, focusing on the habitual residence of the children and the wrongful nature of their removal. The court was satisfied that the conditions for the return of the children were met.

Consequently, the court ordered that the applicant and the respondent make arrangements for the immediate return of the children B and C to the United Kingdom. The respondent was also ordered to pay the costs associated with the children's return, including airfares and other necessary travel expenses, as well as her own return travel costs. A sealed copy of the order was to be served upon the Australian Federal Police.