Director General, Department of Family and Community Services and Cantwell

The Director-General of the Department of Family and Community Services sought orders from the Family Court of Australia to prevent two children, B and C, and their mother, Ms Cantwell, from leaving Australia. The application was heard by Ryan J.

The primary legal issues before the court were whether to grant interim injunctions restraining the removal of the children from the Commonwealth of Australia and restraining Ms Cantwell from leaving the Commonwealth. The court was also required to consider the appropriate measures to ensure compliance with any such orders, including placing the parties on a watch list and requiring the surrender of passports and air tickets.

Ryan J reasoned that the court had the power to make such orders to protect the welfare of children within its jurisdiction. The court applied principles relating to the prevention of child abduction and the court's inherent jurisdiction to safeguard children. The court considered the need for immediate protective measures given the potential for the children to be removed from Australia.

The court made orders restraining Ms Cantwell and her servants or agents from removing the children from Australia, and restraining Ms Cantwell from leaving Australia. Further orders required the surrender of passports and air tickets, placement on the Australian Federal Police Watch List and PASS Alert system, with a provision for the alert to lapse after 12 months unless otherwise ordered. The application was listed for further hearing.