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

The Director-General, Department of Communities, Child Safety and Disability Services, acting as the central authority under the Family Law (Child Abduction Convention) Regulations 1986, applied to the Family Court of Australia for a return order concerning a child, L. The respondent in this matter was Ms Payne, identified as the child's paternal grandmother. The application was heard by Kent J in Brisbane on 7 March 2014.

The primary legal issue before the court was whether a prima facie case had been established for a return order under the Hague Convention, necessitating interim measures to prevent the child's removal from Australia and to maintain the child's current residence. The court was also required to consider the appropriate interim orders to safeguard the child's welfare pending a final determination of the application.

Kent J found that the contents of the Director-General's application established a prima facie case for a return order. The respondent, Ms Payne, appeared by telephone and indicated that she had read and understood the proposed interim orders sought by the applicant and had no objection to them being made. Consequently, the court made interim orders restraining Ms Payne and any other person acting on her behalf from removing the child from the Commonwealth of Australia or changing the child's usual day-to-day residence. The court also ordered that the respondent and the child be placed on the Family Law Watch List, and that Ms Payne surrender all relevant passports. Directions were given for the filing of further evidence and the matter was set down for final hearing on 2 May 2014.