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

The Director-General, Department of Communities, Child Safety and Disability Services, as the Central Authority for Queensland, applied to the Family Court of Australia for orders concerning two children, M and L, and their mother, Ms Pelt. The dispute centred on the children's habitual residence and the mother's alleged wrongful removal of them from New Zealand to Australia, contrary to New Zealand's obligations under the Hague Convention on the Civil Aspects of International Child Abduction.

The court was required to determine whether the children had been wrongfully removed from New Zealand, their country of habitual residence, and if so, to make appropriate orders for their return. This involved considering the provisions of the *Family Law (Child Abduction Convention) Regulations 1986* (Cth), which give effect to the Hague Convention in Australia. The court also had to consider the mother's circumstances and any potential defences to the return of the children.

Kent J found that the children were habitually resident in New Zealand and had been wrongfully removed to Australia. The court reasoned that the mother's relocation to Australia with the children, without the consent of the other parent or a New Zealand court order, constituted a wrongful removal under the Convention. Consequently, the court ordered the children's return to New Zealand by 22 May 2012, with specific provisions to facilitate their travel and prevent further removal or relocation within Australia pending their departure. The mother was also ordered to bear the expenses associated with the children's return.