Department of Child Safety and Baker

Case

[2008] FamCA 171

22 February 2008


Details
AGLC Case Decision Date
Department of Child Safety and Baker [2008] FamCA 171 [2008] FamCA 171 22 February 2008

CaseChat Overview and Summary

The Honourable Justice Jordan of the Family Court of Australia considered an application by the Department of Child Safety concerning a child born in November 1994. The dispute involved the child's return to the United States of America, with the respondent mother, born in April 1969, being subject to various restraining orders.

The court was required to determine the appropriate orders to facilitate the child's return to the United States of America and to ensure the mother did not prevent this return. This included considering measures to prevent the child from leaving Australia with the mother and to secure necessary travel documents.

Justice Jordan ordered that the child be returned to the United States of America on or before 20 March 2008. To give effect to this, the respondent mother was restrained from removing or attempting to remove the child from Australia or changing the child's residence. The mother and child were also ordered to surrender their passports to the Registrar of the Court, and their names were to be placed on the PACE Alert System at international departure points. The court also directed that a Court Counsellor meet with the child to discuss the decision and its reasons.
Details

Areas of Law

  • Family Law

  • Administrative Law

Legal Concepts

  • Injunction

  • Jurisdiction

  • Procedural Fairness

  • Remedies

  • Standing

  • Judicial Review

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