MW v Director-General, Department of Community Services

Family Court of Australia – Jurisdiction under s 111B of Family Law Act 1975 (Cth) ("Family Law Act") and reg 16 of Family Law (Child Abduction Convention) Regulations 1986 (Cth) ("Regulations") to make a return order - Whether Family Court was properly satisfied that removal of child from New Zealand to Australia was wrongful - Whether Access Order conferred rights of custody upon father - Whether right of access conferred by Access Order was right to determine place of residence of child.

Family Court of Australia – Jurisdiction under s 111B of Family Law Act and reg 16 of Regulations to make a return order - Whether Family Court was properly satisfied that removal of child to Australia was wrongful - Whether Regulations accommodate application for return order by parent asserting breach of rights of custody vested in a court.

Family Court of Australia – Jurisdiction under s 111B of Family Law Act and reg 16 of Regulations to make a return order - Whether Family Court was properly satisfied that removal of child to Australia was wrongful - Whether removal breached rights of custody held by father by operation of s 17 of Care of Children Act 2004 (NZ) - Whether mother living with father as de facto partner at time child was born.

Family Court of Australia – Jurisdiction to make parenting orders under Pt VII of Family Law Act - Parens patriae or wardship jurisdiction.

Family Court of Australia – Procedure - Power to make order permitting cross- examination in application for return order under reg 16 of Regulations.

Care of Children Act 2004 (NZ) – s 17.

Convention on the Civil Aspects of International Child Abduction – Chs III, IV.

Evidence and Procedure (New Zealand) Act 1994 (Cth) – Pt 6.

Family Law Act 1975 (Cth) – Pt VII, s 111B.

Family Law (Child Abduction Convention) Regulations 1986 (Cth).

Family Law Rules 2004 (Cth).

Interpretation Act 1999 (NZ) – s 29A.