Stokes and Voss and Ors

This case involved an application before Brown J in the Family Court of Australia concerning the welfare of two children, H and S. The applicant was the mother of both children, while the first respondent was S's father. The second respondents were S's paternal grandparents, and the third respondent was H's father. Ms Baker, S's paternal aunt, was subsequently joined as the fourth respondent. The dispute arose following the mother's departure from her home with both children, which led to court orders for their recovery and interim arrangements for their care.

The court was required to determine the interim living arrangements for H and S, and the terms of any contact the mother would have with them. Specifically, the court needed to consider the proposal by the independent children's lawyer for H to live with Ms Baker and S to live with his father, with supervised contact for the mother. The court also had to address the father's request for an order restraining the mother from attending the children's schools and medical or other agencies.

Brown J reasoned that the mother's actions in removing the children from their settled environment, described as an "organised departure" in flagrant disregard of prior consent orders, made it impossible to grant the mother's request for immediate return of the children. The court found that the children's best interests were paramount and that there was an unacceptable risk of abduction if contact was not closely supervised. Consequently, the court made interim orders for H to live with Ms Baker and S to live with his father. The mother was to have supervised contact with the children at an accredited contact centre, and was restrained from attending any school, mental health service, counselling agency, or other specialist service attended by H or S unless specifically requested in writing by those services, with a copy of the request to be provided to the independent children's lawyer. A family report was also ordered to be prepared by Ms W.