Director-General, Department of Community Services and Kilah

The Director-General of the Department of Community Services, as the Applicant Central Authority, brought an application under the Family Law (Child Abduction Convention) Regulations 1986 seeking the return of four children to Israel. The respondent mother, Ms Kilah, sought the dismissal of this application. The matter came before the Family Court of Australia at Sydney, listed for a one-day hearing.

The primary legal issue before the Court was how Australia honours its obligations under the Hague Convention on the Civil Aspects of International Child Abduction, particularly in circumstances where the issues and defences to be raised by the respondent are not clearly articulated by the Central Authority in advance of the hearing. The Court was also required to consider the adequacy of the assistance provided by the Central Authority to the Court in discharging its responsibilities under the Regulations.

Justice Steele noted that the Court's responsibility under the Regulations is significant and should be discharged consistently, both domestically and in line with international practice. The Court found it difficult to adequately discharge its responsibilities without a clear understanding of the issues in advance, which impacts the ability to consider relevant authorities. The Court observed that the respondent mother had not filed a formal answer, and while the Central Authority was aware of potential defences related to "grave risk" and the children's objections, the principal defence of consent was not foreseen by the Central Authority. This lack of clarity and preparedness by the Central Authority, compounded by the respondent's failure to file a formal answer, made it inappropriate to proceed with the hearing.

Consequently, the Court vacated the hearing and directed the respondent mother to file an answer and cross-application within seven days. Both parties were ordered to file written submissions, along with any authorities to be relied upon, at least ten days before the rescheduled hearing. The parties were granted leave to obtain a date for a one-day hearing.