Department of Child Safety, Youth and Women and Moncrieff

The parties before the court were the Department of Child Safety, Youth and Women (the Applicant) and Ms Moncrieff (the Respondent). The dispute concerned the return of two children, X and Y, to the United Kingdom. The matter was heard by Hogan J.

The court was required to determine whether the children, X and Y, should be returned to the United Kingdom. This involved considering the Respondent's obligations and the necessary steps to facilitate the children's departure from Australia and arrival in the United Kingdom. The court also had to consider injunctive relief to prevent the Respondent from removing the children from Australia or their current residence pending their return.

Hogan J ordered the discharge of all previous orders and directed that the children, X and Y, be returned to the United Kingdom by a specified date. To give effect to this, the Respondent was ordered to take all necessary steps to facilitate the urgent issue of passports and travel documents. Crucially, the Respondent was restrained by injunction from removing the children from Australia or their Queensland residence. The court also directed that the names of the Respondent and the children be placed on the Family Law Watchlist at all international departure points, with provisions for their removal upon confirmation of travel arrangements. The Marshal of the Family Court, the Australian Federal Police, and State and Territory police forces were empowered to take all necessary steps to enforce these orders. The Applicant was directed to provide copies of the order, reasons for judgment, and all affidavits and exhibits to the United Kingdom Central Authority and Police Scotland. Liberty to apply was granted to the Applicant for further orders to facilitate the children's return, consistent with the Central Authority's obligations under the Family Law (Child Abduction Convention) Regulations 1986 (Cth). All other applications were dismissed.