Morrall and Olmos

In the matter of *Morrall and Olmos*, Benjamin J of the Family Court of Australia considered an application by the father to stay orders previously made on 23 September 2016. The mother also made an oral application for an order pending the outcome of an appeal.

The primary legal issue before the Court was whether to grant the father's application to stay the existing orders. Additionally, the Court was required to determine the terms of an order concerning the child's return to Australia, contingent upon the success of the father's appeal against the September 2016 orders.

Benjamin J dismissed the father's application to stay the orders. However, the Court made an order pending the outcome of the father's appeal. This order stipulated that the mother would return the child to Australia if the father's appeal was successful and an order for the child's return was made by the Full Court of the Family Court of Australia or a remitted court. The Court also included particulars of obligations, consequences of contravention, and assistance for compliance, pursuant to sections 65DA(2) and 62B of the *Family Law Act 1975* (Cth), as detailed in an attached Fact Sheet. Costs of the application were reserved, and it was certified that engaging senior counsel and counsel was reasonable.