Department of Human Services, Community Services and Parry; (No 2)

The case involved the Department of Human Services, Community Services and Parry (No 2), heard by Justice Ryan. The dispute concerned the return of a child, J, to England under the Family Law (Child Abduction Convention) Regulations 1986. The proceedings involved an application by the respondent mother, Ms Parry, to re-open her defence to the abduction convention application.

The court was required to determine whether to grant the respondent mother leave to re-open her defence, and if so, to hear that application. Subsequently, the court had to decide on the ultimate disposition of the child abduction convention application, considering the arrangements for the child's return to England.

Justice Ryan granted the respondent mother leave to make an oral application to re-open her defence, which was then heard. However, this application was ultimately dismissed. The court then made orders for the child J to be returned to England in the company of her father, Mr Parry, pursuant to the Convention Regulations. These orders included directions for the mother to deliver the child to specific offices, the release of the child's passport to the Central Authority, and variations to existing orders to permit the child's departure from Australia. The Australian Federal Police were directed to remove the names of the mother and child from the PASS Alert system following their departure. All other orders made in relation to the matter were discharged upon the child's departure, and the Registrar was to return the mother's passport. Liberty to restore was granted within 24 hours' notice.