State Central Authority: Department of Human Services and Khadem

The proceeding before Cronin J of the Family Court of Australia involved the State Central Authority, the Department of Human Services, as the applicant, and Khadem as the respondent. The dispute concerned the welfare and protection of two children, C and D, born in 2003 and 2007 respectively. The Department sought urgent orders to prevent the children's removal from Australia and Victoria, and to ensure their residence at a specific address.

The court was required to determine whether to grant the applicant leave to proceed ex parte, meaning without the respondent's presence or prior notification, and to issue interim injunctive and protective orders concerning the children. Specifically, the court had to consider orders restraining the removal of the children from Australia and Victoria, dictating their place of residence, and requiring the surrender of their passports. The court also had to consider the role of the Australian Federal Police in enforcing these orders and placing the children's names on an Airport Watch List.

Cronin J granted the applicant leave to proceed ex parte, acknowledging the urgency and the need to protect the children. The court reasoned that the circumstances warranted immediate action to safeguard the children's welfare. The court issued interim orders restraining the respondent mother from removing the children from the Commonwealth of Australia or the State of Victoria, and from allowing them to reside at any address other than their current one or one agreed to by the applicant. The court further ordered that the Australian Federal Police place the children's names on the Airport Watch List and that the respondent mother deliver up any passports held for the children, while being restrained from applying for new ones. The application was adjourned for further hearing, with directions for service of the application and the orders on the respondent mother.