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

This matter concerned an application by the Director-General, Department of Communities, Child Safety and Disability Services, against Ms Rovo, concerning her two daughters, S and B. The court was asked to make orders to prevent the children from being removed from Australia and to maintain their current residence.

The primary legal issues before the court were whether it had the power to issue injunctions restraining the mother from removing the children from Australia and from changing their usual place of residence, and whether such orders were warranted in the circumstances. The court was also required to consider the appropriate mechanisms for enforcing such orders, including the use of the Family Law Watch List.

Kent J determined that the court possessed the necessary jurisdiction to grant the injunctive relief sought. The reasoning focused on the court's inherent parens patriae jurisdiction and its statutory powers to make orders for the protection and welfare of children. The court found that the circumstances presented a sufficient risk of the children being removed from Australia or their stability being disrupted, justifying the imposition of restraining orders. The court also ordered that the names of the mother and children be placed on the Family Law Watch List for two years and empowered law enforcement agencies to give effect to these orders.

The court ordered that until further order, Ms Rovo was restrained from removing the children from the Commonwealth of Australia and from changing their usual day-to-day residence. The Marshal of the Family Court, the Commissioner of the Australian Federal Police, and other federal and state law enforcement officers 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 Ms Rovo 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 or by further court order. The applicant was permitted to notify the Australian Federal Police of the orders, and liberty to apply was granted. The proceedings were listed for further mention, and the applicant was ordered to serve a copy of the order and notice of the mention date on the mother.