DIRECTOR-GENERAL, DEPARTMENT OF COMMUNITIES, CHILD SAFETY AND DISABILITY SERVICES & FOSSETT

This matter came before Kent J of the Family Court of Australia concerning an application by the Director-General, Department of Communities, Child Safety and Disability Services against Mr Fossett, the respondent father, regarding the child M. The core of the dispute involved preventing the child from being removed from the Commonwealth of Australia.

The court was required to determine whether to grant injunctions and make orders to restrain the respondent father and the child from leaving Australia, and to place their names on an alert system. Further issues included restraining the father from changing the child's usual day-to-day residence and requiring the surrender of passports.

Kent J applied principles relating to the protection of children and the court's jurisdiction to make orders preventing international child abduction. The court reasoned that such measures were necessary to safeguard the child's welfare and ensure the court's ability to make further orders concerning her. The court issued a series of orders, including injunctions restraining the father and child from leaving Australia, placing their names on the All Ports Watch Alert System for two years, and requiring the father to surrender all passports relating to himself and the child. The court also ordered the father to be served with the application and the orders, and granted liberty to apply.