Clines and Clines

The Family Court of Australia, at Melbourne, heard an application brought ex parte by Mrs Clines, the mother of J, a child born in June 1998. The dispute concerned the welfare and location of J, who had not been returned to his mother following a pre-arranged visit with his father. The mother's evidence detailed a history of domestic violence by the father, including violence directed at her in the presence of her children, and prior court orders in New Zealand granting her custody of J and permission to relocate with him to Australia.

The court was required to determine whether to make urgent orders for the protection of J, to ensure his return to his mother's care, and to prevent his removal from Australia. Specifically, the court needed to consider the issuance of a recovery order for J, the imposition of restraints on the father regarding the child's removal from the Commonwealth, and the placement of J's name on an Airport Watch List. The court also had to consider the immediate service of these orders and the consequences of contravention.

Justice Brown, applying principles of the *Family Law Act 1975*, was satisfied that orders were necessary to protect J from emotional and physical harm and to return him to his mother's care. The court reasoned that the father's behaviour, including alleged intoxication and threats, and J's expressed anxiety about crossing borders, warranted immediate intervention. Consequently, the court made orders for J to live with his mother until further order, issued a recovery order authorising law enforcement to find and deliver J to the mother, and restrained the father from removing J from Australia, placing J on an Airport Watch List. The father was also informed that he may be arrested without warrant if he attempts to retake possession of J after the recovery order is executed.