Wilston and Farrugia (No 3)

In the matter of *Wilston and Farrugia (No 3)*, Kent J of the Family Court of Australia considered an application by the Applicant Mother, Ms Wilston, against the Respondent Father, Mr Farrugia, concerning their two children, B and C. The core of the dispute involved preventing the children from being removed from Australia.

The court was required to determine whether to grant orders restraining the Respondent Father from removing the children from the Commonwealth of Australia, and restraining the children themselves from leaving the Commonwealth. Additionally, the court considered the necessity and scope of orders for the Australian Federal Police to place the children's names on the Family Law Watchlist and the circumstances under which a recovery order for the children should be issued.

Kent J applied principles relating to the protection of children and the court's power to make orders preventing their removal from Australia. The court reasoned that such orders were necessary to safeguard the children's welfare and ensure their availability for future court proceedings. The court issued several orders, including restraining the Respondent Father and the children from leaving Australia, directing the Australian Federal Police to place the children on the Family Law Watchlist for two years, and authorising a recovery order to be issued to the Marshal and police forces to find and deliver the children to the Applicant Mother if they were removed without consent. The proceedings were adjourned for a directions hearing before the Registrar.