Department of Child Safety, Youth and Women and Zakaria (No 2)
Case
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[2018] FamCA 1018
•30 November 2018
Details
AGLC
Case
Decision Date
Department of Child Safety, Youth and Women and Zakaria (No 2) [2018] FamCA 1018
[2018] FamCA 1018
30 November 2018
CaseChat Overview and Summary
In the matter of *Department of Child Safety, Youth and Women and Zakaria (No 2)*, Hogan J of the Family Court of Australia considered an application concerning the welfare of two children, X and Y, and their mother, Ms Zakaria. The dispute involved the discharge of existing court orders and the removal of the mother and children from the Family Law Watchlist, as well as the release of their passports.
The court was required to determine whether to discharge the orders made on 11 September 2018 and varied on 21 September 2018 concerning the children X and Y. Additionally, the court had to consider whether to direct the Commissioner of the Australian Federal Police to remove Ms Zakaria and the children from the Family Law Watchlist and to order the release of their passports by the Department of Child Safety, Youth and Women.
The orders were made by consent, indicating an agreement between the parties. The court's reasoning, as evidenced by the consent orders, was that the parties had reached a resolution. The court applied the principle that where parties consent to orders, and those orders are considered appropriate, the court will make them. The court also directed that a specific communication from the father, confirming his written support for the children to remain living with the Respondent Mother in Australia, be provided to the Court by a specified date.
By consent, the court ordered the discharge of the previous orders concerning the children X and Y. The Commissioner of the Australian Federal Police was directed to remove Ms Zakaria and the children from the Family Law Watchlist. Furthermore, the Department of Child Safety, Youth and Women was ordered to release all current passports relating to Ms Zakaria and the children to her or her nominee.
The court was required to determine whether to discharge the orders made on 11 September 2018 and varied on 21 September 2018 concerning the children X and Y. Additionally, the court had to consider whether to direct the Commissioner of the Australian Federal Police to remove Ms Zakaria and the children from the Family Law Watchlist and to order the release of their passports by the Department of Child Safety, Youth and Women.
The orders were made by consent, indicating an agreement between the parties. The court's reasoning, as evidenced by the consent orders, was that the parties had reached a resolution. The court applied the principle that where parties consent to orders, and those orders are considered appropriate, the court will make them. The court also directed that a specific communication from the father, confirming his written support for the children to remain living with the Respondent Mother in Australia, be provided to the Court by a specified date.
By consent, the court ordered the discharge of the previous orders concerning the children X and Y. The Commissioner of the Australian Federal Police was directed to remove Ms Zakaria and the children from the Family Law Watchlist. Furthermore, the Department of Child Safety, Youth and Women was ordered to release all current passports relating to Ms Zakaria and the children to her or her nominee.
Details
Key Legal Topics
Areas of Law
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Family Law
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Administrative Law
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Civil Procedure
Legal Concepts
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Consent
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Procedural Fairness
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Remedies
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Standing
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Judicial Review
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