Smith and Waite

This matter concerned an application before Judge F. Turner concerning the welfare of a child, X, born in 2008. The parties involved were Mr. Smith and Ms. Waite, the child's parents. The dispute centred on the living arrangements for the child and the father's access to the child, as well as concerns regarding the potential removal of the child from Australia.

The court was required to determine several key issues. These included the interim living arrangements for the child, the nature and extent of the father's unsupervised time with the child, and whether injunctions should be granted to prevent the removal of the child from Perth and from the Commonwealth of Australia. The court also had to consider the procedural requirements for the final hearing, including the filing of evidence and outlines of case, and the application of relevant sections of the *Family Law Act 1975* (Cth), such as those pertaining to the best interests of the child and parental responsibility.

In its reasoning, the court made interim orders for the child to live with the mother, while granting the father specific unsupervised time with the child each Saturday and Sunday in Perth, subject to seven days' written notice. Crucially, the court issued injunctions restraining both parents from removing the child from Perth and from the Commonwealth of Australia, and directed the Australian Federal Police to place the child on a watch list at all international departure points. The court also set a date for a final hearing and provided detailed directions for the parties to file and serve their respective materials, including outlines of case addressing specific considerations under the *Family Law Act*. The court also noted the particulars of obligations and consequences of contravening the orders, as well as potential consequences for non-compliance with procedural directions.