State Central Authority, Department of Human Services and Lomu

The proceeding involved the State Central Authority, Department of Human Services, as the applicant, and Ms Lomu as the respondent, concerning the welfare of a child. The dispute centred on preventing the child's removal from Australia and Victoria, and ensuring the child's residence at an agreed location. The matter came before Cronin J of the Family Court of Australia.

The court was required to determine whether to grant interim orders restraining the respondent from removing the child from Australia and Victoria, and from causing the child to reside elsewhere than his current address or an agreed alternative. The court also considered the necessity of ordering the surrender of the child's passports and restraining further applications for passports.

In reaching its decision, the court applied principles relating to the protection of children and the court's power to make orders preventing their removal from its jurisdiction. The court was satisfied that there was a sufficient risk of the child being removed from Australia or Victoria, or of his residence being changed without the applicant's agreement, to warrant the making of interim protective orders. The court ordered that all outstanding applications be adjourned, and that until further order, the respondent be restrained from removing the child from the Commonwealth of Australia or the state of Victoria. The court further ordered that the respondent be restrained from permitting the child to reside at any place other than his present residential address or an agreed alternative residence. Additionally, the respondent was ordered to forthwith deliver up any passports held in the child's name or upon which the child's name appears, and was restrained from applying for further passports for the child. The Australian Federal Police were requested to place the child's name on the Airport Watch List.