State Central Authority and Best

The proceeding before Bennett J of the Family Court of Australia involved the State Central Authority as the applicant and a respondent mother. The dispute concerned the welfare and location of two children, J Khirmani and R Khirmani, who were born in 2005 and 2007 respectively. The application sought orders relating to the children's care, protection, and potential return to the United States of America.

The court was required to determine several legal issues, including whether to grant the applicant leave to proceed ex-parte, the terms of interim orders concerning the children's residence, removal from Australia and Victoria, and access by welfare officers. Additionally, the court considered the appointment of an independent children's lawyer and the prohibition of certain actions by the respondent mother and the requesting parent, Mr Khirmani, concerning the children's passports and their assessment by professionals. The court also addressed the potential return of the children to the United States and the arrangements for such a return.

Bennett J granted the applicant leave to proceed ex-parte and made extensive interim orders to secure the welfare of the children. These orders included placing the children under the care of the Secretary to the Department of Human Services of the State of Victoria, authorising officers to visit and potentially take the children into care, and restraining the respondent mother from removing the children from Australia or Victoria, or from their current residence. Similar prohibitions were placed on the requesting parent. The court also ordered the surrender of the children's passports and directed the appointment of an independent children's lawyer, requesting Victoria Legal Aid to arrange this representation. The court further requested information regarding arrangements for the prompt return of the children to the United States and reserved liberty to parties to make submissions on the appropriateness of the independent children's lawyer appointment.