Director-General, Department of Communities, Child Safety and Disability Services and Halba

In the Family Court of Australia, Kent J made orders concerning the children F and S, who were born in 2005 and 2007 respectively. The Director-General, Department of Communities, Child Safety and Disability Services was the applicant, and Ms Halba, the Respondent Mother, was the other party. The dispute concerned the potential removal of the children from Australia and a change in their usual place of residence.

The court was required to determine whether to grant injunctive relief to prevent the children's removal from the Commonwealth of Australia and to restrain the Respondent Mother from changing their usual day-to-day residence. The court also considered the necessary measures to enforce such orders, including the placement of the Respondent Mother and the children's names on the Family Law Watch List.

Kent J ordered that the Respondent Mother be restrained from removing, or attempting to remove, the children from the Commonwealth of Australia and from changing their usual day-to-day residence. The court further ordered that the Marshal of the Family Court, the Commissioner and federal agents of the Australian Federal Police, and officers of State and Territory police forces were empowered to take all necessary steps to give effect to these orders. The Commissioner of the Australian Federal Police was directed to place the names of the Respondent Mother and the children on the Family Law Watch List at all international departure points for a period of two years, with provision for removal thereafter subject to further court orders. The applicant was granted liberty to notify the Australian Federal Police of these orders, and the proceedings were listed for further mention.