DIRECTOR-GENERAL, DEPARTMENT OF FAMILY & COMMUNITY SERVICES & CHYOU

The Director-General, Department of Family & Community Services, acting as the Central Authority, applied to the Family Court of Australia for orders concerning the child Y, born in 2008. The respondent was Ms Chyou, the child's mother. The core of the dispute involved allegations that Ms Chyou had wrongfully removed the child from Hong Kong, which was asserted to be the child's habitual residence, in contravention of the Hague Convention on the Civil Aspects of International Child Abduction.

The legal issues before the Court were whether the applicant had established the necessary elements for a return order under the Hague Convention, and crucially, whether there was an appreciable risk that the child might be removed from the jurisdiction if the respondent mother became aware of the application and no protective orders were in place. The Court was required to consider the evidence presented by the applicant, including statements from the child's father, which suggested a potential reaction from the respondent that could jeopardise the child's presence in Australia.

Justice Ryan found the case for ex parte injunctions to be strong. The Court reasoned that the evidence, if accepted, would demonstrate the satisfaction of all elements required for a return order under the Abduction Convention. Furthermore, the evidence regarding the father's concerns about the respondent's potential reaction to the application indicated a significant risk of the child not remaining within the jurisdiction if the respondent were alerted to the proceedings without immediate protective measures. Consequently, the Court made orders as sought by the Central Authority on an ex parte basis.

The Court ordered that until further order, Ms Chyou, her servants and agents be restrained from removing or attempting to remove the child Y from the Commonwealth of Australia. Further orders included restraining Ms Chyou from leaving Australia, placing both Ms Chyou and the child Y on the Airport Watch List, and requiring Ms Chyou to surrender all current passports and air tickets relating to herself and the child to the Registrar of the Family Court. The respondent was to be served with the application and orders, with the matter returnable before the Court on 6 November 2012. The application was listed for final hearing on 4 December 2012.