Department of Child Safety, Youth and Women and Hejiz and Anor

Case

[2018] FamCA 354

14 May 2018


Details
AGLC Case Decision Date
Department of Child Safety, Youth and Women and Hejiz and Anor [2018] FamCA 354 [2018] FamCA 354 14 May 2018

CaseChat Overview and Summary

In the Family Court of Australia, Hogan J considered an application by the Department of Child Safety, Youth and Women concerning a child, B. The dispute involved an interim order previously made by the Children's Court, which directed the surrender of the child's passport and placed the child's name on the Family Law Watchlist until February 2019. The Department sought to continue these measures.

The primary legal issue before the court was whether to extend the existing interim orders, specifically concerning the placement of the child's name on the Family Law Watchlist and the surrender of the child's passport, beyond the initial February 2019 expiry date. The court also had to consider an oral application made by the respondent for costs.

Hogan J reasoned that the existing interim orders, which had been made by the Children's Court and were due to expire in February 2019, should be continued. The court directed that the child's name be placed on the Family Law Watchlist for a further period of nine months, until 13 February 2019, and that the Marshal of the Family Court and federal agents of the Australian Federal Police take necessary steps to give effect to these orders. The court also adjourned the initiating application for final orders to a date not before 13 February 2019.

Regarding costs, Hogan J ordered that there be no order as to costs associated with the appearances made on that day.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Costs

  • Jurisdiction

  • Remedies

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