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

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 orders for the return of a child, B, to New Zealand. The respondent, Ms Parson, consented to the application.

The court was required to determine whether the child had been wrongfully retained from New Zealand, a country that is a party to the Hague Convention on the Civil Aspects of International Child Abduction. Specifically, the court needed to be satisfied that the child was habitually resident in New Zealand immediately prior to her retention in Australia, that the father had rights of custody under New Zealand law, and that the retention was in breach of those rights.

Justice Kent was satisfied on the uncontested material that the child was habitually resident in New Zealand and had been wrongfully retained in Australia. The court found that the father possessed rights of custody as defined by the Care of Children Act 2004 (NZ) and that the retention breached these rights. The court also confirmed that the requirements of the Family Law (Child Abduction Convention) Regulations 1986 (Cth) had been met.

The court made consent orders for the child to be returned to New Zealand, to leave Australia on or before 23 November 2012, and to arrive in New Zealand on or before 24 November 2012. Liberty to apply was granted.