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

Case

[2014] FamCA 619

1 August 2014


Details
AGLC Case Decision Date
Director-General, Department of Communities, Child Safety and Disability Services and Louse [2014] FamCA 619 [2014] FamCA 619 1 August 2014

CaseChat Overview and Summary

The Director-General of the Department of Communities, Child Safety and Disability Services sought orders against Mr Louse concerning their child, B. The proceedings were heard by Kent J in the Family Court of Australia.

The court was required to determine whether to grant injunctive relief to prevent the child's removal from Australia and to maintain the child's usual place of residence. The court also considered the appropriate measures to enforce such orders, including placing the child and father on a watch list and requiring the surrender of passports.

Kent J made orders restraining Mr Louse from removing the child from Australia and from changing the child's usual place of residence. The court empowered the Marshal of the Family Court, the Australian Federal Police, and state and territory police forces to give effect to these orders. Furthermore, the Commissioner of the Australian Federal Police was directed to place the names of Mr Louse and the child on the Family Law Watch List at all international departure points for two years, and Mr Louse was ordered to surrender all current passports relating to himself and the child. Procedural orders were also made regarding the filing of documents and the listing of the matter for hearing.
Details

Areas of Law

  • Family Law

  • Administrative Law

Legal Concepts

  • Injunction

  • Jurisdiction

  • Procedural Fairness

  • Standing

  • Remedies

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