Basken and Basken

In the matter of Basken and Basken, Brown J of the Family Court of Australia made orders concerning a child, N, born in May 2002. The application proceeded ex-parte, indicating that only one party, the husband, was present or represented before the court at the time the orders were made. The core of the dispute revolved around preventing the child from being removed from the Commonwealth of Australia.

The primary legal issue before the court was whether to grant interim injunctive relief to restrain the removal of the child from Australia. This involved considering the court's powers under the *Family Law Act 1975* (Cth), specifically sections 65DA(2) and 62B, which relate to contravention of parenting orders and the court's ability to make orders for the protection of children. The court also had to determine the appropriate method of service of its orders and originating process on the wife, who was believed to be in Sweden.

Brown J reasoned that it was necessary to make orders preventing the child's removal from Australia and to place the child's name on the Airport Watch List. This was to ensure the child's welfare and to maintain the court's jurisdiction. The court also ordered that the husband serve the wife with the initiating application and supporting affidavits, with provisions for service either personally within Australia or by email if the wife was overseas and an email address was known. The court also struck out the initiating application with a right of reinstatement, indicating that the current application was for interim relief and further proceedings would be required.