Marshman and Baric (No 2)

In the matter of *Marshman and Baric (No 2)*, Forrest J of the Federal Circuit Court of Australia considered an application for a return order concerning a child, C, born in 2011. Initially filed by the Department of Child Safety, Youth and Women, the application was subsequently withdrawn and the mother, Ms Marshman, was substituted as the applicant. The respondent was the child's father.

The central legal issues before the Court were whether to grant the return order sought by the applicant mother and, consequently, what orders should be made regarding the passports of the respondent father and the child, C. The Court also had to consider the continuation of existing orders that restrained both parents from removing the child from the Commonwealth of Australia and that placed the child on the Family Law Watchlist.

Forrest J dismissed the application for a return order. The Court ordered the return of the respondent father's passports to him and the return of the child's passports to the applicant mother. Crucially, the Court determined that existing orders preventing the removal of the child from Australia and the placement of the child on the Family Law Watchlist should remain in force pending further orders from the Federal Circuit Court of Australia or the Federal Court of Australia. All other previous orders were discharged.