Department of Family and Community Services Secretary & Smollett (No. 2)

The matter before McClelland J concerned an application by the mother to discharge orders made on 21 December 2017 under regulation 19A of the Family Law (Child Abduction Convention) Regulations 1986. The dispute involved the welfare and location of a child, with the Department of Family and Community Services Secretary and the father as respondents.

The primary legal issue was whether the mother had established grounds to discharge the existing orders. This required the court to consider the circumstances surrounding the child's presence in Australia and the implications of the Child Abduction Convention. The court also had to determine the appropriate timing and conditions for the commencement of certain orders made on 24 April 2018, and to vary existing orders concerning residency and accommodation arrangements for the mother and child.

McClelland J dismissed the mother's application to discharge the orders made on 21 December 2017. The court reasoned that the conditions for discharge had not been met. The court then varied the orders of 24 April 2018, stipulating that a particular order would take effect on 24 June 2018, unless certain conditions were met by the mother, namely compliance with the 21 December 2017 orders by 23 June 2018, or the making of parenting orders in New Zealand permitting the child to live in Australia. Further variations were made to orders concerning the residency of the accommodation and the mother's confirmation of accommodation needs.