Department of Human Services and Brouker & Anor

In the matter of *Department of Human Services and Brouker & Anor*, Justice Mushin of the Family Court of Australia considered an application by the Department of Human Services concerning a child, V, born in July 1996. The Department sought orders to prevent the child's removal from Australia and to manage her passport. The respondents were Mrs Brouker and Mr Brouker.

The court was required to determine whether to continue an existing order restraining the removal of the child V from the Commonwealth of Australia, and to make further orders regarding her passport and the involvement of the Australian Federal Police. The court also had to consider the dismissal of the applicant's Initiating Application and the terms under which any future application to vary the restraint might be made.

Justice Mushin ordered that the existing restraint on the removal of the child V from Australia remain in force until she attained the age of 18 years. This was to be enforced by the Australian Federal Police placing her name on a Watch List. The respondents were ordered to deliver any Australian passport in the child's name to the Registry Manager and were restrained from applying for a new passport without a court order. The court also ordered that the respondents be served with a Fact Sheet detailing the obligations and consequences of contravening these orders. The applicant's Initiating Application was otherwise dismissed. Liberty was reserved for the child, upon reaching 16 years of age, to apply to set aside or vary the restraint, with any such application to be served on the Department of Human Services or the equivalent state/territory authority.