Director-General, Department of Community Services New South Wales and Eager

The Director-General of the Department of Community Services, New South Wales, as the applicant, sought orders for the return of a child to Germany. The respondent was the child's father, and the child's mother, Ms T, was also involved. The dispute concerned the child's habitual residence and the application of the Hague Convention on the Civil Aspects of International Child Abduction. The matter came before Benjamin J in the Family Court of Australia.

The court was required to determine whether the child had been wrongfully removed from Germany, the child's habitual residence, and consequently, whether the child should be returned to Germany pursuant to the Hague Convention. The court also considered the necessary arrangements for the child's return and the implications for the parents' future relationship and legal standing in Germany.

Benjamin J found that the child had been wrongfully removed from Germany and ordered the child's immediate return to that country. The court made detailed orders to facilitate this return, including the handover of passports, the involvement of the Australian Federal Police to remove alerts, and the mother's undertaking to engage in meaningful negotiations regarding the father's relationship with the child and to not oppose the jurisdiction of German courts. The court also discharged any conflicting previous orders and provided for further applications if necessary.