State Central Authority; Department Of Human Services and Jaheer

In the Family Court of Australia, Justice Cronin considered an application by the State Central Authority, Department of Human Services, against Jaheer. The dispute concerned urgent protective measures for a child, B.

The court was required to determine whether to grant the applicant leave to proceed ex parte, and to make interim orders concerning the child's welfare and location. Specifically, the court considered the necessity of restraining the respondent mother from removing the child from Australia or Victoria, and from residing at an address other than the current one. The court also considered orders for the child's name to be placed on an Airport Watch List and for the surrender of any passports held for the child.

Justice Cronin granted the applicant leave to proceed ex parte, indicating that the circumstances warranted an immediate hearing without the respondent mother's prior notification. The court reasoned that the urgent nature of child protection matters, particularly those involving potential international or interstate removal, justified such an approach to safeguard the child's immediate safety and wellbeing. The court applied principles of child welfare and the court's inherent jurisdiction to protect children.

The court made orders granting the applicant leave to proceed ex parte and adjourned the application for further hearing. Crucially, the court issued interim injunctions restraining the respondent mother from removing the child from Australia or Victoria, or from residing elsewhere without the applicant's agreement. Further orders directed the Australian Federal Police to place the child's name on the Airport Watch List and required the respondent mother to surrender any passports for the child. The court also directed service of the application and orders on the respondent mother.