State Central Authority and Khadem

The Family Court of Australia, in the matter of State Central Authority and Khadem, heard an urgent application brought by the State Central Authority concerning four children. The application was made ex parte due to concerns that the respondent father, Mr Khadem, might abscond with the children. The core of the dispute involved allegations that the father had wrongfully retained the children in Australia, contrary to the mother's rights of custody.

The legal issues before the Court were whether to grant leave to proceed ex parte, and consequently, whether to grant interim injunctive relief to prevent the removal of the children from Australia and Victoria, to maintain their current residence, and to secure their passports. The Court was also required to consider placing the children's names on the Airport Watch List and directing the Australian Federal Police to enforce the orders.

Justice Cronin reasoned that the circumstances warranted proceeding ex parte, given the father's alleged lack of contact with the mother and the fear of him absconding. The mother's affidavit asserted an agreement for shared custody, followed by the father having the children full-time. The children entered Australia in December 2013 with an intention to stay for 12 months, and the mother claimed she was not informed of their location and did not consent to their removal or retention in Australia. Based on these assertions, the Court found a prima facie case of wrongful retention.

The Court granted leave to proceed ex parte and made orders accordingly. These included restraining the father from removing the children from Australia or Victoria, preventing them from residing elsewhere without the applicant's agreement, and requiring the immediate surrender of their passports. The Australian Federal Police were directed to place the children on the Airport Watch List and enforce the removal prohibition orders. The application was adjourned for further hearing, with directions for service and the filing of a response by the father.