DEPARTMENT OF FAMILY AND COMMUNITY SERVICES & ROBERTS

The case involved the Department of Family and Community Services and Mr. Roberts, concerning allegations of wrongful retention of a child, K, in Australia by the Father. The matter came before Ryan J of the Family Court of Australia.

The central legal issues before the Court were whether the child, K, had been wrongfully retained in Australia within the meaning of the Hague Convention, and whether an ex parte injunction should be granted to restrain the Father from removing the child from Australia.

Ryan J considered the application for interim orders. The Court reasoned that it had jurisdiction to make orders under the Hague Convention and the Family Law Act 1975 (Cth) to prevent the wrongful removal of a child from Australia. The Court found that there was a sufficient prima facie case to warrant the making of interim orders to preserve the status quo pending a final hearing.

The Court ordered that the respondent Father, Mr. Roberts, be restrained from removing or attempting to remove the child, K, from Australia, and that the Australian Federal Police place the child's name on the Airport Watch List. The Father was also restrained from leaving Australia and ordered to surrender his and the child's passports and air tickets. These orders were to remain in effect until further order, with a provision for their lapse after 12 months unless otherwise directed. The application was made returnable before the Court, and the matter was listed for a final hearing.