Director-General, Department of Communities (Child Safety Services) and Garning

The Director-General, Department of Communities (Child Safety Services) sought orders concerning the return of four children to Italy, with the respondent mother, Ms Garning, opposing these orders. The matter came before Forrest J.

The court was required to determine whether to make orders facilitating the children's return to Italy with their father, Mr V, including provisions for their handover, the release of their passports, the payment of travel costs by the mother, and an injunction restraining the mother from changing the children's place of residence.

Forrest J ordered that the respondent mother deliver the children to Brisbane International Airport at a date nominated by an officer of the Department of Communities, and to facilitate their handover to their father for travel to Italy. The court discharged previous orders and made new provisions allowing for the release of the children's passports to Mr V or his nominee, and ordered the mother to pay the cost of the children's airfares and departure taxes within seven days of being served with a letter detailing these costs. Furthermore, an injunction was issued restraining the mother from changing the children's place of residence pending their return to Italy or further order. Liberty to apply was reserved to both parties.