Department of Child Safety, Youth and Women and Ponsford

This matter concerned an application by the Department of Child Safety, Youth and Women against Mr Ponsford regarding the welfare of a child, X. The dispute involved urgent injunctive relief to prevent the child's removal from Australia and to maintain his current residence in Queensland. The orders were made by consent before Hogan J of the Family Court of Australia.

The court was required to determine the immediate protective measures necessary for the child's welfare, including preventing international or interstate relocation and ensuring his attendance for a Family Consultant's report. The court also needed to establish a procedural timetable for the filing of documents and the conduct of the hearing, including provisions for potential cross-examination and the use of technology.

In its reasoning, the court applied principles relating to child protection and the Family Law (Child Abduction Convention) Regulations 1986 (Cth). By consent, the court issued injunctions restraining the father from removing the child from Australia or changing his usual place of residence. Furthermore, the court ordered the preparation of a report by a Family Consultant pursuant to Regulation 26, focusing on the child's objections to being returned to New Zealand and the maturity of his views. The court also set out a detailed schedule for the exchange of pleadings and affidavits, and outlined procedures for the conduct of the hearing, including arrangements for witnesses and the use of interpreters or audio-visual equipment. The matter was listed for further hearing on 2 November 2018.