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

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 the return of a child, B, born in August 2003, to New Zealand under the Family Law (Child Abduction Convention) Regulations 1986 (Cth). The respondent mother, Ms Larson, appeared in response to the application.

The court was required to determine whether to make an order for the child's return to New Zealand. This involved assessing whether the child was habitually resident in New Zealand, whether the father had rights of custody at the relevant time, and whether the child had been wrongfully removed from New Zealand.

Justice Kent was satisfied, based on uncontested material and expert evidence regarding New Zealand law, that the child was habitually resident in New Zealand, the father had custody rights, and the child had been wrongfully removed. Crucially, the respondent mother, Ms Larson, consented to the return of the child to New Zealand and to the orders sought by the applicant. Consequently, the court made orders for the child's return to New Zealand, including provisions for travel, injunctions restraining the mother from removing the child from Australia, and arrangements for the removal of the parties from the All Ports Watch Alert System upon confirmation of travel. The respondent mother was also ordered to pay the expenses associated with the child's return.