Department of Child Safety & Porter

In the Family Court of Australia, Warnick J considered an application by the Department of Child Safety concerning two children, K and E, and their mother, Mrs Porter. The dispute centred on the children's return to the United Kingdom.

The court was required to determine the appropriate orders to facilitate the return of the children to the United Kingdom, including provisions for their departure from Australia, injunctions against the mother removing them from Australia or changing their residence, and the surrender of passports. The court also had to consider the role of the Australian Federal Police and other authorities in enforcing these orders.

Warnick J ordered that the children, K and E, be returned to the United Kingdom on or before 26 June 2008. To give effect to this, the mother was restrained from removing the children from Australia or changing their residence. Passports belonging to the mother and children were to be surrendered to the court registrar. The names of the mother and children were to be placed on the PACE Alert System at international departure points, with provisions for their removal upon confirmation of travel arrangements. The court empowered marshals, federal police, and state/territory police to take necessary steps to enforce the orders. The registrar was authorised to release passports upon receipt of advice from the Department of Child Safety regarding travel arrangements. Previous orders made on 19 February 2008 were discharged, and all other applications were dismissed. Liberty to apply was granted.