Houston and Houston

This matter came before Barry J of the Family Court of Australia concerning a dispute between Mr Houston (the Father) and Ms Houston (the Mother) regarding their children. The proceedings involved an application for a contravention, and the court was required to make orders concerning the children's welfare and the Mother's whereabouts.

The central legal issues before the court were whether to dispense with service of the contravention application, whether to issue a warrant for the arrest of the Mother, and whether to impose restraining orders to prevent the removal of the children from Australia. The court also considered the publication of information relating to the proceedings and the children.

Barry J ordered that service of the contravention application be dispensed with and issued a warrant for the arrest of the Mother, to be executed by law enforcement officers and to remain in force until 20 January 2009. The warrant was to be held by the Father, who could apply for its immediate issue upon learning of the Mother's return to Australia. The court also made orders restraining the Mother, her servants, and agents from removing the children from Australia, and requested law enforcement agencies to give effect to these orders. The names of the Mother and children were to be placed on the Airport Watch List to prevent their removal. Permission was granted for the publication of certain details of the proceedings, including the full names of the parties and children, their dates of birth, photographs of the children, and a description of the children, along with the fact that the Father had not seen or heard from them since 10 March 2007. Any published or broadcast notice was to include a request for information regarding the whereabouts of the Mother or children to be provided to the Australian Federal Police. The court further ordered that the Department of Immigration & Citizenship notify the Registry Manager upon the return of the Mother or children to Australia, and that the Registry Manager notify the Father's legal representatives. The Father's costs were reserved.