Millar and Oakley

In the matter of Millar and Oakley, heard before Cronin J, the dispute concerned applications brought by both the father and the mother relating to their two children, X and Y. The father sought interim orders, and both parties filed applications concerning the children's living arrangements and their ability to depart a foreign country.

The court was required to determine whether to grant the father's interim applications, and to consider the applications filed by both parties. A central issue was the father's prosecution of legal action in a foreign country concerning the children's residence and their ability to leave that country, and the mother's ability to depart with the children.

Cronin J dismissed the father's interim applications and other applications filed by the parties. Crucially, the court issued an injunction restraining the father from proceeding with any legal action in African Country B concerning where the children live, with whom they should live, or any restraint on the mother and children leaving that country. The father was ordered to take all necessary steps to authorise the removal of the mother and children from any injunctive order in Country B and to enable their departure, to facilitate compliance with a previous Federal Circuit Court order. The court also discharged a prior Federal Circuit Court order and adjourned some of the mother's proposed orders. Both parents were granted leave to seek urgent listing of further applications under specific circumstances, including the children not being returned to Australia or the father failing to comply with the orders. The court also noted the inclusion of a fact sheet detailing obligations and consequences of contravention, pursuant to sections 65DA(2) and 62B of the Family Law Act 1975 (Cth).