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

This matter concerned an application by the Director-General, Department of Communities, Child Safety and Disability Services, seeking orders for the return of two children, F and S, to New Zealand. The application was brought against the Respondent Mother, Ms Halba. The proceedings were heard by Kent J in the Family Court of Australia.

The primary legal issue before the court was the determination of appropriate orders to facilitate the return of the children to New Zealand, consistent with the Department's obligations under the Family Law (Child Abduction Convention) Regulations 1986. This involved considering measures to ensure the children's departure from Australia by a specified date and their arrival in New Zealand, as well as preventing the Respondent Mother from removing them from Australia or altering their usual place of residence pending their return.

The court made orders by consent of the parties. These orders mandated the return of the children to New Zealand by specific dates. To give effect to this, the Respondent Mother was restrained by injunction from removing the children from Australia or changing their usual day-to-day residence. Furthermore, the names of the Respondent Mother and the children were to be maintained on the Family Law Watch List at all international departure points, with provision for their removal upon confirmation of travel arrangements to New Zealand. The Marshal of the Family Court, the Australian Federal Police, and State and Territory police forces were empowered to take all necessary steps to enforce these orders. Liberty to apply was granted to the Applicant for further orders to facilitate the children's return. All other applications were dismissed.