Shiva and Savastri

This matter concerned an application by the husband and wife, Shiva and Savastri, before Chief Justice Bryant of the Family Court of Australia. The dispute centred on the welfare of their two children, B and C, and involved orders designed to prevent their removal from Australia.

The court was required to determine whether to make orders restraining the removal of the children from the Commonwealth of Australia and to consider the practical mechanisms for enforcing such a restraint. Additionally, the court needed to address the holding of the children's passports and to make interim arrangements for the children's time with their father.

The court ordered that both parents be restrained from removing the children from Australia, requesting the Australian Federal Police to place the children's names on the Airport Watch List for a period of two years, or until further order. The court also ordered the wife to deliver the passport of child C to the court registrar within 48 hours, and the passport of child B upon their return to Australia. Interim arrangements were made for the children to spend time with the father each Sunday. All other applications were adjourned.