Department of Child Safety and Veivers

The Honourable Justice Jordan of the Family Court of Australia considered an application by the Department of Child Safety concerning two children, D and M, and their mother, Ms Veivers. The core of the dispute involved the return of the children to France, their country of habitual residence, and the measures necessary to ensure their safe departure from Australia.

The court was required to determine whether the children should be returned to France and, if so, what orders were necessary to facilitate this return and protect the children's welfare pending their departure. This included considering the mother's ongoing involvement and her potential to interfere with the children's return.

Justice Jordan ordered that the children, D and M, be returned to France on or before 19 June 2008. To effectuate this, the mother was restrained from removing the children from Australia or changing their residence within Australia. She was also ordered to surrender all passports belonging to herself and the children. Pending their return to France, the children were to live with a person nominated by the Department of Child Safety, who would have responsibility for their day-to-day care. The Australian Federal Police were directed to retain the names of the mother and children on an alert system at all international departure points, with provisions for their removal upon confirmation of travel arrangements. The court also empowered various law enforcement agencies to take necessary steps to give effect to these orders and discharged previous orders made by Warnick J.