Tarritt & Director-General, Department of Community Services

The appeal before the Family Court of Australia involved Tarritt and the Director-General of the Department of Community Services. The case centred around a dispute concerning the return of a child to Iowa under the Hague Convention on the Civil Aspects of International Child Abduction. The trial judge had previously ordered the return of the child, a decision that was now under review. The central issues were whether the trial judge had erred in making the return orders and in assessing the objections of the child, and whether there was a grave risk that the return would expose the child to harm.

The court was tasked with determining if the trial judge had erred in concluding that the child’s objections did not demonstrate a strength of feeling beyond a mere expression of preference. The appeal also questioned whether the trial judge had failed to adequately consider the possibility that returning the child could place them in an intolerable situation or expose them to physical or psychological harm. Additionally, the court examined whether the trial judge had erred in not taking into account a family report that was presented after the original decision was made.

The Family Court of Australia found that the appeal should be allowed. The court re-exercised its discretion, taking into account the further evidence provided in the family report regarding the child's objections. It was determined that the trial judge had erred in not adequately considering the child’s objections and the potential for harm. Consequently, the orders made by the trial judge were discharged, the application for the return of the child was dismissed, and there was no order as to costs.