Department of Health and Human Services and Singhe (No 2)

In the matter of *Department of Health and Human Services and Singhe (No 2)*, Cronin J of the Family Court of Australia considered an application for the return of two children to Sri Lanka under the Hague Convention. The mother had brought the children to Australia without the permission of Sri Lankan courts. The mother resisted the return, relying on two exceptions to the Convention: that the children would face a grave risk of harm or an intolerable situation upon return, and the views expressed by the children themselves.

The court was required to determine whether the exceptions to the Hague Convention were made out. Specifically, it needed to assess if the children faced a grave risk or intolerable situation in Sri Lanka, and if so, whether this risk could be ameliorated by conditions. The court also had to consider the weight to be given to the children's views, taking into account their age, maturity, and any potential influence from the mother.

Cronin J found that while a grave risk to the children existed, this risk could be mitigated by imposing specific conditions on their return. The court determined that the children's expressed views were not persuasive due to their young age, limited maturity, and the perceived influence of the mother. Consequently, the court ordered the return of the children to Sri Lanka, subject to a detailed set of conditions designed to protect the mother and ensure her safety and legal standing upon their return. These conditions included obtaining written confirmation of the registration and enforceability of the court's orders in Sri Lanka, the discharge of existing custody orders favouring the father, the issuance of an interim protection order for the mother, and the discontinuation of legal proceedings against her. The court also imposed an injunction restraining the father from initiating further legal actions against the mother related to her departure from Sri Lanka. The mother was given a period to elect whether she would return to Sri Lanka with the children. If she elected not to return, the parties were ordered to engage in intensive therapeutic counselling.