Secretary, Department of Family and Community Services and Smollett

The matter before McClelland J concerned an application by the Secretary, Department of Family and Community Services, and Ms Smollett, the mother of a child named B. The dispute centred on the return of B to New Zealand, with the court making orders pursuant to the Family Law (Child Abduction Convention) Regulations 1986.

The court was required to determine the necessary arrangements for the child's return to New Zealand, including the discharge of previous orders and the facilitation of the mother's travel with the child. The court also had to consider conditions relating to travel costs, financial support for the mother, accommodation, and the child's pre-school fees.

McClelland J ordered that the applicant and Ms Smollett make arrangements for the child's return to New Zealand by 20 January 2018, accompanied by the mother. Certain previous orders were discharged to facilitate this travel. The court also authorised the release of passports and imposed conditions on the father, including meeting the cost of economy airfares, providing weekly financial support for a limited period, and meeting accommodation costs for up to three months, subject to the mother confirming her need for accommodation and that only she and the child would reside there. The father was also ordered to meet half of the child's pre-school fees until the child was eligible for a government subsidy.