Phuoc and Viet

In the matter of *Phuoc and Viet*, heard by Bennett J of the Family Court of Australia, the mother sought urgent orders concerning the parental responsibility and location of the parties' two children, B and C. The dispute involved allegations of risk and the need for immediate protective measures for the children.

The court was required to determine whether to grant the mother's application ex parte, excuse her from filing a section 60I certificate due to the circumstances and urgency, and make interim orders regarding the children's living arrangements and parental responsibility. Further issues included restraining the father from leaving Australia, facilitating the children's return to Australia, and obtaining information from various government agencies regarding the children's welfare and the father's location.

Bennett J reasoned that the circumstances presented a sufficient risk to warrant hearing the application ex parte and excusing the mother from filing the section 60I certificate. The court applied principles relating to urgent interim orders in family law matters, particularly where there are allegations of risk to children. The court made extensive orders, including granting the mother sole parental responsibility and ordering the children to live with her. The father was restrained from leaving Australia, and requests were made to the Australian Federal Police to place his name on the Airport Watch List. The court also ordered the father to produce his passports, permitted the mother to obtain new passports for the children, and directed the father to facilitate the children's return to Australia and delivery to the maternal family in Country D. Information was also sought from Centrelink and the Department of Health and Human Services.