Department of Child Safety, Youth and Women and Rattana

The case of *Department of Child Safety, Youth and Women and Rattana* involved the Department of Child Safety, Youth and Women as the applicant and Ms Rattana as the respondent. The dispute concerned the welfare and potential removal of two children, X and Y, from Australia. The matter was heard by Hogan J in the Family Court of Australia.

The primary legal issue before the court was whether to grant an injunction restraining the respondent mother from removing the children from the Commonwealth of Australia. This involved considering the court's power to make orders for the protection of children and to prevent their removal from the jurisdiction, particularly in circumstances where their welfare might be at risk.

Hogan J applied principles relating to the court's protective jurisdiction over children. The court reasoned that it was necessary to issue an injunction to safeguard the children's interests and to ensure their presence within Australia for the ongoing proceedings. The court ordered that Ms Rattana, and any other person, be restrained from removing or attempting to remove the children from Australia. To give effect to this, the court empowered the Marshal of the Family Court, the Commissioner and federal agents of the Australian Federal Police, and officers of state and territory police forces to take all necessary steps. Furthermore, the court directed that the names of Ms Rattana and the children be placed on the Family Law Watchlist at all international departure points for two years. The court also made directions regarding service of the application and order, notification of the Australian Federal Police, and the adjournment of the matter to a date to be fixed.