State Central Authority and Camden

The proceeding involved the State Central Authority as the applicant and Ms Camden as the respondent. The dispute concerned the welfare and location of two children, T and J, born in 2007 and 2009 respectively. The matter came before Bennett J of the Family Court of Australia.

The court was required to determine whether to grant the applicant leave to proceed ex-parte, and to make interim orders concerning the children's care, residence, and protection from removal from Australia and Victoria. The court also considered the appointment of an independent children's lawyer and arrangements for the potential return of the children to the United Kingdom.

Bennett J granted the applicant leave to proceed ex-parte, acknowledging the urgency and the need to protect the children's welfare. The court applied principles relating to child protection and the court's inherent jurisdiction to make orders for the welfare of children within its purview. Orders were made for the children to attend court, to be delivered to the Child Care Room, and for the Secretary to the Department of Human Services of Victoria to make arrangements for their care and placement. Injunctions were imposed restraining the respondent and the requesting parent from removing the children from Australia, Victoria, or their current residence, and requiring the surrender of passports. An independent children's lawyer was to be appointed to represent the children's interests.

The court adjourned the matter for further hearing, requesting the applicant to provide information regarding arrangements for the children's prompt return to the United Kingdom. Liberty was reserved to the requesting parent to apply to vary or set aside the injunctions.