Director-General, Department of Communities, Child Safety and Disability Services and Faleauto

The Director-General, Department of Communities, Child Safety and Disability Services, acting as the State Central Authority, applied to the Family Court of Australia for final orders for the return of two children, R and J, to New Zealand. The application was made under the Family Law (Child Abduction Convention) Regulations 1986 (Cth), which give effect to the Convention on the Civil Aspects of International Child Abduction. The children's father, Mr D, residing in New Zealand, had requested their return, and the respondent was the children's mother, Ms Faleauto.

The court was required to determine whether the requirements for a return order under the Regulations were met. Specifically, the court needed to be satisfied that the children's habitual residence was New Zealand prior to their removal, that the requesting father had rights of custody, and that the removal of the children was wrongful within the meaning of the Regulations. The court also needed to consider the consent of the respondent mother to the proposed orders.

Justice Kent was satisfied, based on affidavit evidence including expert testimony on New Zealand law, that the applicant had established each of the requirements for a return order. The court found that the children's habitual residence was New Zealand, the father had rights of custody, and the removal was wrongful. Crucially, the respondent mother did not contest these elements or raise any grounds of defence and consented to the proposed orders, having understood their consequences.

The court made orders for the children to be returned to New Zealand by a specified date, with detailed provisions regarding travel arrangements, the mother's obligations pending return, and the involvement of law enforcement agencies. The father was ordered to bear all necessary expenses for the children's return. Liberty to apply was granted to the applicant for any further necessary orders, and all other applications were dismissed.