Department of Child Safety, Youth and Women and Shelter

In the Family Court of Australia, Hogan J made orders by consent between the Department of Child Safety, Youth and Women (the Applicant) and Mr Shelter (the Respondent Father) concerning the child, X. The dispute involved an application for orders to protect the child's welfare.

The court was required to determine the terms of interim orders to safeguard the child. Specifically, the court considered the necessity of restraining the Respondent Father from removing the child from Australia, from changing the child's usual place of residence, and the need for law enforcement agencies to assist in giving effect to such orders. The court also addressed the placement of the parties and the child on a Family Law Watchlist and the surrender of passports.

By consent, the court issued an injunction restraining the Respondent Father from removing the child from the Commonwealth of Australia and from changing the child's usual day-to-day residence. The Marshal of the Family Court, the Commissioner and federal agents of the Australian Federal Police, and state and territory police officers were empowered to take all necessary steps to enforce these orders. Furthermore, the Commissioner of the Australian Federal Police was directed to place the names of the Respondent Father and the child on the Family Law Watchlist at all international departure points for two years. The Respondent Father was also ordered to surrender all current passports relating to himself and the child to the Department of Child Safety, Youth and Women. The orders also set out a timetable for the filing and service of documents and specified procedures for the conduct of the hearing, including provisions for interpreters, audio-visual equipment, and cross-examination of witnesses, including by telephone.