Department of Communities, Child Safety and Disability Services and Helpman

The parties to this proceeding were the Department of Communities, Child Safety and Disability Services (the Applicant) and Ms Helpman (the Respondent Mother). The dispute concerned the welfare of three children, B, C, and D. The matter came before Hogan J of the Family Court of Australia.

The court was required to determine the terms of interim orders to ensure the safety and well-being of the children. Specifically, the court needed to consider whether to grant injunctions restraining the Respondent Mother from removing the children from Australia or changing their usual place of residence, and to make directions regarding the surrender of passports and the placement of the children and the Respondent Mother on a watchlist.

By consent of the parties, Hogan J made several orders. These included an injunction restraining the Respondent Mother from removing the children from the Commonwealth of Australia and from changing their usual day-to-day residence, except to a specified address within Queensland. The court also ordered that the Respondent Mother surrender all passports relating to herself and the children to the Department, and that their names be placed on the Family Law Watchlist at all international departure points for two years. The court further directed the Marshal of the Family Court, federal agents of the Australian Federal Police, and state and territory police officers to take all necessary steps to give effect to these orders.

In addition to the injunctive and protective orders, the court made directions concerning the future conduct of the proceedings. These included setting a hearing date for the Application in Form 2, requiring the Respondent Mother to file and serve an Answer and Cross-Application and affidavits of evidence, and setting a deadline for the Applicant to file and serve further affidavit material. The court also provided directions for parties to notify the Case Co-ordinator regarding any requirements for interpreters or audio-visual equipment, and for parties to notify each other if they intended to cross-examine any witness.