Wilston and Farrugia (No 2)

In *Wilston and Farrugia (No 2)*, Kent J of the Family Court of Australia considered an urgent application made ex parte by the Applicant Mother, Ms Wilston, against the Respondent Father, Mr Farrugia. The dispute concerned the potential removal of the parties' two children, B and C, from the Commonwealth of Australia.

The primary legal issue before the court was whether to grant interim orders restraining the Respondent Father and his agents from removing the children from Australia, and to place the children on the Family Law Watchlist. The court also considered the issuance of a Recovery Order to facilitate the return of the children to the Applicant Mother if they were removed without her consent.

Kent J applied the principles governing the grant of urgent ex parte injunctions in family law matters, particularly where there is a risk of children being removed from the jurisdiction. The court reasoned that the welfare of the children was paramount and that the evidence presented supported the need for immediate protective measures. Consequently, the court made orders restraining the removal of the children from Australia until a specified date, directed the Australian Federal Police to place the children's names on the Family Law Watchlist, and issued a Recovery Order authorising law enforcement to locate and return the children to the Applicant Mother if they were removed without consent. The matter was adjourned for further hearing.