Mohsein and Mohsein

In *Mohsein & Mohsein* [2011] FamCA 352, Ms Mohsein (the applicant) sought urgent orders from the Family Court of Australia concerning her child, B, against Mr Mohsein (the respondent). The application, filed on 7 July 2011, sought to prevent the child from leaving Australia and to ascertain her whereabouts, as she was believed to be living with the respondent in Western Australia. The court was also asked to grant the applicant leave to proceed without notice to the respondent due to difficulties in serving him and concerns that he might be a flight risk.

The primary legal issues before the court were whether to grant the applicant an exemption from the usual requirement to attend family dispute resolution under section 60I of the *Family Law Act 1975* (Cth), whether to permit the application to proceed without notice to the respondent, and whether to issue an order restraining the child's removal from Australia and requesting the Australian Federal Police to place the child on the Airport Watch List. The court also considered its obligations under sections 60B and 60CC of the Act regarding the protection of children from harm and the appropriate notification procedures for child abuse or family violence.

Justice Cronin, acknowledging the extraordinary and concerning circumstances and the serious nature of the allegations made against the respondent, granted the applicant leave to proceed without notice due to the respondent's unknown whereabouts and potential flight risk. The court exempted the applicant from the section 60I certificate requirement, deeming it inappropriate given the nature of the issues. Crucially, the court made an order restraining both parties, their servants, and agents from removing the child from the Commonwealth of Australia, requesting the Australian Federal Police to place the child on the Airport Watch List. The court also ordered that a Notice of Risk of Child Abuse and Family Violence filed by the applicant be served on the Department of Human Services in both Victoria and Western Australia, and that the application and supporting affidavit be served by fax on the Secretary of the Department of Human Services (Cth). The matter was adjourned to 12 July 2011 to allow for service on the relevant department responsible for Centrelink and for the respondent to be served.