Tarritt and Department of Community Services

The case of *Tarritt and Department of Community Services* concerned an application before Cronin J of the Family Court of Australia. The dispute involved orders relating to a child born in October 1996, specifically concerning her potential return to the United States of America with her father and her engagement with mental health professionals.

The court was required to determine several key issues. These included whether to stay an existing order made on 20 November 2007, the necessity of obtaining a report regarding the child's resistance to returning to the United States with her father, and whether to restrain the mother from seeking psychological or psychiatric counselling for the child without the father's consent or further court order.

In reaching its decision, the court applied principles under section 62G of the *Family Law Act 1975* (Cth) to order an urgent report on the child's welfare and her resistance to the proposed return. The court also exercised its protective jurisdiction by restraining the mother from unilaterally seeking counselling for the child, indicating a need for parental agreement or judicial oversight in such matters. The court ultimately stayed the previous order pending further consideration and dismissed the application filed on 3 December 2007, save for the matters addressed by the new orders.