Department of Communities, Child Safety and Disability Services and Watkin

Case

[2017] FamCA 45

31 January 2017


Details
AGLC Case Decision Date
Department of Communities, Child Safety and Disability Services and Watkin [2017] FamCA 45 [2017] FamCA 45 31 January 2017

CaseChat Overview and Summary

In the matter of *Department of Communities, Child Safety and Disability Services and Watkin*, Hogan J of the Family Court of Australia made orders concerning a child, B, born in 2014, and her father, Mr Watkin. The Department of Communities, Child Safety and Disability Services was the applicant, and Mr Watkin was the respondent. The dispute involved the protection of the child, B, and preventing her removal from Australia or a change in her usual place of residence.

The court was required to determine the necessity and scope of injunctive relief to protect the child. Specifically, the court considered whether to restrain Mr Watkin from removing the child from the Commonwealth of Australia and from changing her usual day-to-day residence. The court also considered measures to enforce such orders, including the involvement of law enforcement agencies and the placement of names on a watchlist.

Hogan J applied principles relating to the protection of children and the court's power to issue injunctions to prevent potential harm or contravention of orders. The court issued injunctions restraining Mr Watkin from removing the child from Australia and from changing her usual residence. To give effect to these orders, the court empowered the Marshal of the Family Court, the Commissioner and federal agents of the Australian Federal Police, and state and territory police officers to take necessary steps. Furthermore, the court ordered that Mr Watkin and the child be placed on the Family Law Watchlist at all international departure points for two years. The court also ordered Mr Watkin to surrender all current passports relating to himself and the child to an officer of the Department of Communities, Child Safety and Disability Services upon personal service of the order. The court also set a timetable for future filings and a hearing date.
Details

Areas of Law

  • Family Law

  • Administrative Law

Legal Concepts

  • Injunction

  • Procedural Fairness

  • Jurisdiction

  • Remedies

  • Standing

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