Secretary, Department of Communities and Justice & Jonson

The case of *Secretary, Department of Communities and Justice & Jonson* involved an application before Williams J of the Family Court of Australia concerning the alleged abduction of a child, Z, from the United Kingdom to Australia. The applicant, the Secretary of the Department of Communities and Justice, sought the return of the child to the UK under the Hague Convention on the Civil Aspects of International Child Abduction. The respondent, Ms. Jonson, opposed the return, raising several regulatory exceptions.

The primary legal issues before the court were whether the child, Z, was habitually resident in the United Kingdom immediately prior to her retention in Australia, and if so, whether any of the exceptions to return under the *Family Law (Child Abduction Convention) Regulations 1986* applied. Specifically, the court considered whether the mother had consented to the child remaining in Australia due to an inability to travel internationally because of the COVID-19 pandemic, and whether there was a grave risk of exposure to physical or psychological harm, or if the child would otherwise be placed in an intolerable situation, due to alleged violence perpetrated by the father and concerns about the protective capacity of UK authorities.

Williams J found that the jurisdictional facts for the return order were established, determining that Z was habitually resident in the United Kingdom. The court rejected the mother's argument that she had consented to the child remaining in Australia, noting her conduct between April and October 2020 was disingenuous and aimed at remaining in Australia. Furthermore, the court found that the mother had not established a grave risk or intolerable situation for the child upon return to the UK. Williams J preferred the father's evidence over the mother's regarding allegations of violence and found that the mother had not overcome the presumption that signatory states to the Convention, such as the UK, have the capacity to adequately protect a child.

Consequently, Williams J ordered the return of the child, Z, to the United Kingdom pursuant to the *Family Law (Child Abduction Convention) Regulations 1986*. The mother was granted liberty to accompany the child, and specific orders were made regarding passports, travel arrangements, and the enforcement of the return order. The application by the Secretary, Department of Communities and Justice, was otherwise dismissed.