Russell and Russell (No 2)

In *Russell and Russell (No 2)*, Young J of the Family Court of Australia considered an application by the wife concerning the welfare of the parties' child, H Russell, born in August 2008. The dispute centred on the potential removal of the child from Australia and related matters of child and spousal maintenance, and contact arrangements.

The primary legal issues before the Court were whether to restrain the removal of the child from the Commonwealth of Australia, and if so, what protective measures were necessary. Additionally, the Court was required to determine applications concerning spousal maintenance arrears and ongoing payments, as well as the dismissal of further applications by both parties.

His Honour ordered that both the husband and wife be restrained from removing, or attempting to remove, the child from Australia. To enforce this, the Australian Federal Police were directed to place the child's name on the Airport Watch list. The wife was permitted to apply for the discharge of this order once she had purchased international flights for herself and the child, provided she gave the husband prior written notice and served relevant documents. The Court also ordered the husband to deliver the child's Indian passport to the wife upon its return to Australia, for her safekeeping pending departure. Further orders addressed make-up time for the husband with the child, including a specific supervised visit on the day of the hearing, and the husband's obligation to pay admitted arrears of spousal maintenance and ongoing maintenance. The wife's application in a case filed on 11 April 2012, and the husband's response, were otherwise dismissed.