WILSTON & FARRUGIA

In the Family Court of Australia, Justice Kent considered an urgent application made ex parte by the Applicant Mother, Ms Wilston, against the Respondent Father, Mr Farrugia. The dispute concerned the welfare of the parties' two children, B and C, who were born in 2008 and 2012 respectively. The application sought immediate orders to prevent the children from being removed from the Commonwealth of Australia.

The primary legal issues before the court were whether to grant urgent interlocutory relief restraining the Respondent Father and his agents from removing the children from Australia, and whether to place the children's names on the Family Law Watchlist. Additionally, the court considered the issuance of a Recovery Order to facilitate the return of the children to the Applicant Mother if they had already been removed from her care without consent.

Justice Kent applied the principles governing the grant of urgent ex parte injunctions in family law matters, which require a demonstration of a serious question to be tried and that the balance of convenience favours the granting of the injunction. The court reasoned that the potential for international child abduction constituted a grave risk to the children's welfare, justifying the immediate imposition of protective measures. Consequently, the court made orders restraining the Respondent Father from removing the children from Australia, placing their names on the Family Law Watchlist, and authorising the recovery of the children and their delivery to the Applicant Mother.

The orders were made effective until 9.00 am on 18 September 2015, with provision for the Applicant Mother to serve the Respondent Father forthwith. The matter was adjourned for further hearing on that date, and the court also granted leave for the Respondent Father to relist the matter on short notice. Any party seeking to extend the watchlist period beyond the initial date was required to file a formal application with supporting evidence.