BONDELMONTE & BONDELMONTE

In this matter before Watts J, the mother sought orders for the return of two children, R and S, who had been retained by the father in New York. The mother also sought a recovery order and the suspension of existing parenting orders. The court considered the mother's applications for injunctive relief, specifically that pending the children's return, the father be restrained from causing them to live anywhere other than New York, and made consequential orders regarding passports and a watchlist.

The court was required to determine whether to grant a return order for the children to Australia, whether to suspend existing parenting orders, and whether to make a recovery order. Additionally, the court considered the mother's application for an injunction to prevent the father from removing the children from New York pending their return to Australia, and the necessity of orders concerning the children's passports and placement on an airport watch list.

Watts J ordered the father to facilitate the immediate return of R and S to Australia within 72 hours. Pending compliance with this return order or the finalisation of enforcement proceedings or Hague Convention applications, the father was restrained from causing the children to live outside of New York. The father was also ordered to surrender the children's passports to the Australian Embassy or Consulate in New York, with the passports to be released solely for the purpose of their return to Australia. Further orders were made to prevent the removal of the children from Australia once they returned, and to place their names on an airport watch list. The court also made orders regarding the children's living arrangements with the mother, with specific provisions for R and S if the father returned to Australia with them, and allowed for alternative living arrangements with the father's consent or with named individuals. Existing parenting orders were suspended pending further order, and the mother's property settlement application was adjourned.