Department of Communities, Child Safety and Disability Services and Lasko

The Family Court of Australia, in the matter of *Department of Communities, Child Safety and Disability Services & Lasko*, considered an application for a return order concerning two children, C and B. The applicant, the Department of Communities, Child Safety and Disability Services, sought these orders under the Hague Convention. The respondent, Ms Lasko, had not yet been served with the application.

The court was required to determine whether to grant interim orders restraining the removal of the children from Australia and placing their names, along with their mother's, on an All Ports Watch Alert System, given the respondent's unserved status and a potential flight risk. The court also had to consider the applicant's request for an adjournment to effect service and the continuation of the application for a return order.

Justice Kent found that the applicant had established a prima facie case for a return order. Applying principles related to child abduction under the Hague Convention, the court was satisfied that ex parte orders were warranted due to the potential flight risk posed by the mother. Consequently, the court issued injunctions restraining Ms Lasko and any other person from removing the children from Australia, empowered law enforcement to take necessary steps to enforce these orders, and directed the placement of the mother and children's names on the All Ports Watch Alert System. The further hearing of the application for a return order and an application for an Information Order were adjourned to enable the applicant to serve the respondent.