Santos Da Assuncao and Luccio

In the matter of Santos Da Assuncao and Luccio, Kent J of the Family Court of Australia considered orders concerning the relocation of children and the discharge of previous court orders. The dispute involved an application by the Applicant Mother, Ms Santos da Assuncao, for liberty to relocate the children to Brazil pending final trial, and an injunction restraining the Respondent Father from lodging Airport Watch or PACE Alerts without a court order.

The court was required to determine whether to grant the Applicant Mother liberty to relocate the children outside of Australia. Additionally, the court had to consider the discharge of previous orders made by Federal Magistrate Demack and the necessity of issuing an injunction to prevent the Respondent Father from lodging Airport Watch or PACE Alerts. The court also had to address the return of the Applicant Mother's passport and the provision of passports for the children.

Kent J ordered the discharge of specific paragraphs from previous orders made by Federal Magistrate Demack on 9 October 2009 and 16 December 2009, as well as all previous or current Airport Watch or PACE Alerts. The court granted the Applicant Mother liberty to relocate the children to Brazil pending the final trial of the matter. Furthermore, the Respondent Father was restrained from lodging any Airport Watch or PACE Alert without a court order. The court also directed that the Applicant Mother's passport, held by the court registry, be returned to her, and that within 48 hours of any written request by the Mother, both parents were to sign all necessary documents for the issuance of passports for the children to enable their travel. The court also appointed the Registrar of the Family Court of Australia at Brisbane to execute documents on behalf of any defaulting party, pursuant to s 106A of the Family Law Act 1975 (Cth).