ELLIS and PENN [2019] FCWAM 81

MAGISTRATES COURT OF WESTERN AUSTRALIA AT 150 TERRACE ROAD
[2019] FCWAM 81
FAMILY COURT ACT 1997 CHILDREN AND COMMUNITY SERVICES ACT 2004
Redacted
28 MAY 2019
KAESER M
13/06/2019
Perth
Not Reportable
MS ELLIS
MS PENN
MR CARSON
DEPARTMENT OF COMMUNITIES
MR SHINE
Protection proceedings; Chief Executive Officer of the Department of Communities having intervened; Interim orders sought for the child to remain in provisional protection and care; interim orders sought to allow the mother and child to relocate to Queensland; discussion as to whether the child is in need of protection; discussion of the limits of the Western Australian protection jurisdiction in allowing interstate relocation of a child in need of protection; possible transfer of proceedings to Queensland; possible involvement of the Queensland counterpart to the Department of Communities; consideration of the relevant Queensland legislation; finding that child is in need of protection; order that the child remain in provisional protection and care; order made placing the child in the mother's care; discussion of the impact of the Court's orders on the mother's application for parole and the father's potential incarceration pursuant to pending criminal charges; discussion of father's bail conditions ; indication by the Department that if the child is placed with the mother, the protection application would be withdrawn; parenting orders made to take effect when such application is withdrawn; parenting proceedings transferred to the Federal Circuit Court in Brisbane.
CHILDREN - Residence - Application to remove child inter-state
CHILDREN - With whom a child lives - Relocation
RELOCATION - Application to remove child inter-state
Child Protection Act 1999 (Qld)
Children and Community Services Act 2004 (WA)
Family Court Act 1997 (WA)
Family Law Act 1975 (Cth)
N/A
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