Director-General, Department of Communities, Child Safety and Disability Services and Carlyle (No 2)

In *Director-General, Department of Communities, Child Safety and Disability Services and Carlyle (No 2)*, Hogan J of the Federal Court of Australia considered an application concerning the return of two children, B and C, to New Zealand. The Director-General, representing the applicant, sought orders for the children's return, while the respondent mother, Ms Carlyle, was also a party to the proceedings. The core of the dispute involved the welfare and location of the children, who were apparently in Australia.

The primary legal issue before the court was whether to order the return of the children, B and C, to New Zealand. This determination would necessarily involve considering the application of international conventions and domestic legislation designed to address child abduction and facilitate the return of children to their habitual residence. The court was also required to consider what ancillary orders were necessary to ensure the effective and timely return of the children, including injunctions and the involvement of law enforcement agencies.

Hogan J reasoned that the circumstances warranted the return of the children to New Zealand. The court issued detailed orders to give effect to this decision, mandating the children's departure from Australia by a specific date and their arrival in New Zealand shortly thereafter. To prevent any impediment to this return, the respondent mother was restrained from removing the children from Australia or their current residence. Furthermore, the court ordered that the names of the mother and children be placed on the Family Law Watchlist, with provisions for their removal upon confirmation of travel arrangements. The court also empowered law enforcement and other relevant officials to take all necessary steps to enforce the orders, including the release of passports to facilitate the children's return. All other applications were dismissed.