Director-General of the Dept. of Community Services Central Authority & R M S

The Family Court of Australia heard proceedings concerning the application of the Hague Convention on the International Abduction of Children. The applicant, the Director-General of the Department of Community Services (acting as the Central Authority), sought the return of a child, A., to Switzerland. The respondent father did not contest the Convention application but sought orders for contact with the child in Australia prior to their departure.

The court was required to determine whether it should entertain the father's application for contact orders, given the primary purpose of the Hague Convention. Specifically, the court considered whether making such orders would frustrate or delay the Convention's operation and whether any such orders could be made under Regulation 15(1)(b) of the Family Law (Child Abduction Convention) Regulations to give effect to the Convention. The court also considered the application for costs by the Central Authority.

The court reasoned that the fundamental object of the Hague Convention is the swift return of abducted children to their country of habitual residence, allowing that country's courts to address matters of contact and residence. Consequently, it would be inappropriate for the courts of the country to which a child has been removed to become involved in hearing applications for contact orders, as this could undermine the Convention's purpose. While acknowledging the possibility of making contact orders under Regulation 15(1)(b) in specific circumstances to give effect to the Convention, the court found that the father's requested contact arrangements were not clearly within this provision and, on the facts, would not promote the child's best interests or serve the Convention's objectives. The court also determined that the father should be ordered to pay the costs of the Department.

The court ordered the return of the child, A., to Switzerland. The father's application for contact orders was refused, with the court granting him limited telephone contact. The Director-General of the Department of Community Services was awarded costs against the father.