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

The case of Director-General, Department of Communities, Child Safety & Disability Services & Delany involved an application before Kent J of the Family Court of Australia. The applicant sought orders concerning a child, B, born in 2010, and the respondent mother, Ms Delany. The core of the dispute revolved around preventing the child's removal from Australia and maintaining the child's current residence.

The legal issues before the court included whether to grant an injunction restraining the respondent mother from removing the child from the Commonwealth of Australia, and whether to restrain her from changing the child's usual day-to-day residence. The court was also required to consider the appropriate measures to enforce such orders, including placing the names of the mother and child on the Family Law Watchlist and requiring the surrender of passports.

Kent J made orders restraining the respondent mother from removing the child from Australia and from changing the child's usual place of residence. These orders were to remain in effect until further order. The court also directed 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 orders. Furthermore, the Commissioner of the Australian Federal Police was ordered to place the names of the mother and child on the Family Law Watchlist at all international departure points for a period of two years, and the mother was ordered to surrender all current passports relating to herself and the child. The court also set timelines for the filing of pleadings and evidence and scheduled a hearing date.