CHIKUWA & MADUT

In the Family Court of Australia, Johns J considered an application by the mother, Ms Chikuwa, against the father, Mr Madut. The mother sought urgent injunctive relief, including placing the father on the airport watch list and restraining him from leaving Australia. Her concern stemmed from the belief that the children had been removed from Australia to another country without her knowledge or consent, and she feared the father might also depart Australia, thereby frustrating any future attempts to locate him or secure orders for the children's return.

The court was required to determine whether to grant the mother leave to proceed ex-parte, and if so, whether to make interim orders restraining the father from leaving Australia and placing him on the airport watch list. Additionally, the court needed to consider whether to dispense with the usual requirement for personal service of court documents on the father and, if so, what form of substituted service would be appropriate.

Johns J granted the mother leave to proceed ex-parte, acknowledging the urgency and the potential for the father to abscond. The court reasoned that the mother had established a sufficient prima facie case to warrant the interim protective measures. Consequently, the court ordered that the father be restrained from leaving the Commonwealth of Australia and that his name be placed on the airport watch list. The court also dispensed with the requirement for personal service, ordering substituted service by way of SMS and private messages to the father's email, Facebook accounts, and those of "Mr Madut" and "Mr D Madut". The extant applications were adjourned for a further hearing.