MW v Director-General, Department of Community Services

HIGH COURT OF AUSTRALIAGLEESON CJ,GUMMOW, KIRBY, HEYDON AND CRENNAN JJMW  APPELLANTANDDIRECTOR-GENERAL OF THE DEPARTMENT OF COMMUNITY SERVICES  RESPONDENTMW v Director-General, Department of Community Services [2008] HCA 1228 March 2008S493/2007ORDER1.Appeal allowed.2.Set aside order 1 of the orders of the Full Court of the Family Court of Australia made on 30 April 2007 and in its place order:(a)appeal allowed;(b)set aside orders 1 to 8 of the orders of the Family Court of Australia made on 18 December 2006 and in their place order that the application filed 11 October 2006 be dismissed.On appeal from the Family Court of AustraliaRepresentationG O'L Reynolds SC with B R Kremer for the appellant (instructed by Le Vaccaro Lawyers)B W Walker SC with T Tockar for the respondent (instructed by Department of Community Services)Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSMW v Director-General, Department of Community ServicesFamily 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...