IRBY & GILLES

In the matter of *Irby & Gilles*, Rees J of the Family Court of Australia considered an application by Mr Irby (the father) seeking to restrain the respondent mother, Ms Gilles, from leaving the Commonwealth of Australia. The dispute concerned the welfare of the parties' child.

The primary legal issue before the Court was whether it had the power to make an order restraining the mother from leaving Australia, and if so, whether such an order was warranted in the circumstances. This involved an assessment of the Court's jurisdiction and the principles governing the exercise of its protective powers in relation to children.

Rees J found that the Court possessed the necessary jurisdiction to make such an order under the relevant family law legislation, which empowers the court to make orders for the protection of children. The Court reasoned that the potential risk to the child's welfare if the mother were to leave Australia with the child, or otherwise remove the child from the jurisdiction, justified the imposition of a restraint. The Court considered the specific circumstances presented in the application and determined that the order was necessary to preserve the status quo and ensure the child's continued presence within Australia pending further orders.

Consequently, Rees J ordered that the respondent mother be restrained from leaving the Commonwealth of Australia pending further order. The Australian Federal Police were directed to give effect to this order by placing the mother's name on the Airport Watch List at all points of arrival and departure within Australia and to maintain her name on that list.