There are some circumstances where you may need the Court to intervene urgently to prevent something from happening with the children or with property of the relationship.
The Court has the power to grant an injunction to protect the welfare of a child. This may be an Order that stops a parent from going to a school, or to the family home, or it may include an Order that stops a parent from taking a child out of the state. In extreme circumstances you may also need a family law watchlist (commonly known as an “airport watchlist”) order which prevents a child from being removed from Australia.
Where a person does not comply with an injunction or makes a unilateral decisions to remove a child from the other parent, the Court may make Orders for the child’s recovery (a recovery order) which is a warrant for a child, or a warrant for the person arrest. The welfare of the child is still the primary factor the Court will consider when making such an Order.
The Court also has the power to grant an injunction protecting the property of the marital relationship. This may include restricting the use or occupation of the matrimonial home, restricting or allowing access to bank accounts, or preventing a party to the marriage from accessing the matrimonial home or place of work of the other party.