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

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 (Cth), applied to the Family Court of Australia for final orders for the return of two children, R and E, to New Zealand. The respondent mother, Ms Wake, did not appear at the hearing.

The primary legal issue before the court was whether to make final orders for the return of the children to New Zealand, pursuant to the Hague Convention on the Civil Aspects of International Child Abduction, as implemented by the Regulations. The court was required to determine if the applicant had established a prima facie case for such an order.

Justice Kent found that the applicant had established a prima facie case for a return order, satisfying the requirements of sub-regulation 16(3) of the Regulations. Crucially, the respondent mother subsequently consented to the return of the children to New Zealand. In light of this consent, and noting that the mother had already purchased return tickets for the children to travel on 21 July 2013, the court was satisfied that final return orders should be made in terms of the consent orders agreed between the parties. The court made detailed orders for the children's return, including provisions for their departure, the discharge of previous orders, and the use of the All Ports Watch Alert System.