KELLETT & KELLETT

In the matter of *Kellett & Kellett*, Rees J of the Family Court of Australia considered an application by the father concerning existing court orders made on 13 July 2012. The dispute involved the mother's potential removal of the child, L Kellett, from Australia, and the father's intention to appeal the earlier orders.

The primary legal issues before the court were whether to grant a stay of the existing orders pending the father's appeal, and whether to restrain the mother from removing the child from the Commonwealth of Australia. The court also had to consider the conditions under which such a stay would be granted and the timeline for the father to initiate his appeal and prosecute it expeditiously.

Rees J reasoned that a stay of the existing orders was appropriate, subject to the father complying with specific conditions. These conditions included filing and serving a Notice of Appeal and an Application for Expedition by 4.00 pm on Monday, 16 July 2012, and expeditiously prosecuting the appeal to ensure it could be heard by the Full Court on 25 July 2012. The court also restrained the mother from removing the child from Australia before the disposition of the appeal. The court further ordered that the Australian Federal Police place the child on the PACE Alert System.