DIRECTOR-GENERAL, DEPARTMENT OF COMMUNITIES, CHILD SAFETY AND DISABILITY SERVICES & CARLYLE
Case
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[2015] FamCA 742
•9 September 2015
Details
AGLC
Case
Decision Date
DIRECTOR-GENERAL, DEPARTMENT OF COMMUNITIES, CHILD SAFETY AND DISABILITY SERVICES & CARLYLE [2015] FamCA 742
[2015] FamCA 742
9 September 2015
CaseChat Overview and Summary
In the Family Court of Australia, Kent J considered an application by the Director-General, Department of Communities, Child Safety and Disability Services, against Ms Carlyle. The dispute concerned the welfare and location of two children, B and C, born in 2012 and 2013 respectively.
The court was required to determine whether to grant injunctive relief to prevent the removal of the children from Australia and to restrain any change to their usual place of residence within Queensland. The court also had to consider the appropriate measures to enforce such orders, including the placement of the mother and children on a Family Law Watchlist.
Kent J made orders restraining Ms Carlyle from removing the children from the Commonwealth of Australia and from changing their usual day-to-day residence within Queensland. These orders were to remain in effect until further order. The court further ordered that the Marshal of the Family Court, federal agents of the Australian Federal Police, and state and territory police officers were empowered to take all necessary steps to give effect to these injunctions. Additionally, the Commissioner of the Australian Federal Police was directed to place Ms Carlyle and the children on the Family Law Watchlist at all international departure points for a period of two years, with provision for their removal thereafter subject to further court orders. The proceedings were adjourned for further consideration.
The court was required to determine whether to grant injunctive relief to prevent the removal of the children from Australia and to restrain any change to their usual place of residence within Queensland. The court also had to consider the appropriate measures to enforce such orders, including the placement of the mother and children on a Family Law Watchlist.
Kent J made orders restraining Ms Carlyle from removing the children from the Commonwealth of Australia and from changing their usual day-to-day residence within Queensland. These orders were to remain in effect until further order. The court further ordered that the Marshal of the Family Court, federal agents of the Australian Federal Police, and state and territory police officers were empowered to take all necessary steps to give effect to these injunctions. Additionally, the Commissioner of the Australian Federal Police was directed to place Ms Carlyle and the children on the Family Law Watchlist at all international departure points for a period of two years, with provision for their removal thereafter subject to further court orders. The proceedings were adjourned for further consideration.
Details
Key Legal Topics
Areas of Law
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Family Law
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Administrative Law
Legal Concepts
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Injunction
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Jurisdiction
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Procedural Fairness
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Standing
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Remedies
Actions
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